Vande Mataram and the right to dissent, Pg10

Key Highlights:

• The Prevention of Insults to National Honour (Amendment) Bill, 2026 was passed, extending criminal-law protection to Vande Mataram.
• The amendment penalizes intentionally preventing the singing of Vande Mataram or causing disturbance during its rendition, similar to the National Anthem.
• Historically, the Constituent Assembly did not make Vande Mataram the National Anthem due to its later stanzas containing devotional, goddess-centred imagery.
• The Supreme Court in Bijoe Emmanuel v. State of Kerala (1986) upheld the right to remain silent during the National Anthem based on freedom of conscience.
• The new law, while protecting the song, does not mandate participation or specify which stanzas must be sung.

Detailed Insights:

• Dr. Rajendra Prasad declared Jana Gana Mana as the National Anthem on January 24, 1950, granting Vande Mataram equal honour but not co-anthem status.
• The Indian National Congress in 1937 resolved to sing only the first two secular stanzas of Vande Mataram due to objections regarding its devotional verses.
• The Prevention of Insults to National Honour (Amendment) Bill, 2026 was introduced in Rajya Sabha on July 24, 2026, and received Presidential assent shortly after.
• The amendment specifies punishment of up to three years’ imprisonment, a fine, or both, with a mandatory minimum of one year for repeat offenders.
• The law's text focuses on preventing disturbance, not compelling participation or prescribing a mandatory version of Vande Mataram.
• Later stanzas of Vande Mataram describe the motherland as embodied in Hindu goddesses like Durga, Lakshmi, and Saraswati, making it a devotional address.
• Article 25 guarantees freedom of conscience and the free profession, practice, and propagation of religion, protecting citizens from compelled participation in acts contrary to their faith.
• Article 26 ensures the right to manage one's own religious affairs without State interference.
• The Bijoe Emmanuel case involved Jehovah’s Witnesses expelled for not singing the National Anthem, which the Supreme Court deemed a violation of Article 19(1)(a) and Article 25(1).
• The Supreme Court clarified that Fundamental Duties under Article 51A cannot override Fundamental Rights guaranteed under Part III of the Constitution.

Key Concepts Involved:

• Prevention of Insults to National Honour Act, 1971: A law that prohibits disrespect to national symbols.
• Vande Mataram: India's national song, composed by Bankim Chandra Chattopadhyay, with historical significance in the freedom struggle.
• National Anthem: Jana Gana Mana, officially adopted as India's national anthem on January 24, 1950.
• Freedom of Conscience (Article 25): Guarantees individuals the right to freely profess, practice, and propagate religion, including the right to dissent based on religious beliefs.
• Fundamental Duties (Article 51A): A set of ten duties added to the Constitution by the 42nd Amendment, including respecting the National Anthem and National Flag.
• Bijoe Emmanuel v. State of Kerala (1986): A landmark Supreme Court judgment affirming the right to freedom of speech and conscience, even when it involves not participating in patriotic rituals.