How a new law aims to place 'Vande Mataram' on a par with 'Jana Gana Mana', Pg16

Key Highlights:

• Union Home Minister Amit Shah is set to introduce the Prevention of Insults to National Honour (Amendment) Bill, 2026 in the Rajya Sabha.
• The Bill aims to amend the Prevention of Insults to National Honour Act, 1971, to extend statutory protection to Vande Mataram.
• This amendment seeks to grant Vande Mataram the same legal protection currently afforded to the national anthem, Jana Gana Mana.
• The Ministry of Home Affairs previously issued guidelines for Vande Mataram, including standing to attention when it is sung or played.

Detailed Insights:

• The proposed amendment would make intentionally preventing the singing of Vande Mataram or causing disturbance during its singing a criminal offence.
• Currently, Section 3 of the Prevention of Insults to National Honour Act, 1971, applies only to the national anthem.
• The Constituent Assembly President Rajendra Prasad had declared on January 24, 1950, that Vande Mataram should have "equal status" with Jana Gana Mana.
• Article 51(A) of the Constitution mandates respect for the national flag and national anthem as a Fundamental Duty, but does not mention the national song.
• The Supreme Court, in Bijoe Emmanuel & Ors v. State of Kerala (1986), ruled that standing respectfully during the national anthem is sufficient and singing cannot be compelled.
• The Kerala High Court, in Salmaan v. State of Kerala (2014), clarified that actively disrupting the national anthem constitutes an offence under the 1971 Act.
• A petition challenging the Ministry of Home Affairs guidelines for Vande Mataram was dismissed by the Supreme Court as "premature," noting the directives were advisory.

Key Concepts Involved:

• National Anthem: The official patriotic musical composition of a nation, Jana Gana Mana for India, symbolizing national identity.
• National Song: A patriotic song, Vande Mataram for India, that holds significant cultural and historical importance.
• Prevention of Insults to National Honour Act, 1971: An Indian law that prohibits disrespect to national symbols, including the national flag and national anthem.
• Fundamental Duties: Moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India, enshrined in Article 51(A) of the Constitution.