Prevention of Insults to National Honour (Amendment) Bill, 2026

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Parliament has officially passed the Prevention of Insults to National Honour (Amendment) Bill, 2026.
This new legislation extends full legal protection to the National Song, Vande Mataram, by prescribing criminal penalties for obstructing or disrespecting its rendition.

The 2026 Bill amends the original Prevention of Insults to National Honour Act, 1971 to bring Vande Mataram within its statutory scope.
It updates Section 3 of the parent statute, which previously extended criminal penalties only to disruptions of the National Anthem, Jana Gana Mana.
The government cited Constituent Assembly proceedings from 24th January 1950, where Dr. Rajendra Prasad declared that Vande Mataram holds equal honour with Jana Gana Mana.
This legislative update bridges a long-standing legal gap between the National Anthem and the National Song regarding formal legal protections.

Section 2 penalizes acts that show disrespect to the National Flag or the Constitution of India, such as burning, defacing, or trampling them.
First-time offenders under Section 2 face punishment of up to 3 years of imprisonment, a fine, or both.
Section 2 explicitly clarifies that fair and lawful criticism of the Constitution or Flag aimed at securing legal amendments is not an offence.
Section 3 makes it a punishable offence to intentionally stop someone from singing the National Anthem or disturb a gathering singing it.
Section 3A, added through a 2003 amendment, imposes a mandatory minimum prison sentence of 1 year for repeat convictions under Section 2 or Section 3.
The central statute applies universally across the entire territory of India to enforce compliance with national symbol protocols.

The original 1971 Act protected only the National Anthem under Section 3, whereas the 2026 Amendment extends this protection to both Jana Gana Mana and Vande Mataram.
While the 1971 Act penalised disruptions during National Anthem singing, the 2026 Amendment penalises disruptions during the singing of either patriotic composition.
First-time offences under both the original Act and the 2026 Amendment carry a maximum penalty of 3 years imprisonment, a fine, or both.
The 2026 Amendment expands Section 3A so that repeat offenders disrupting Vande Mataram also face a mandatory minimum prison term of 1 year.

Bankim Chandra Chattopadhyay composed Vande Mataram in Sanskritised Bengali, translating to 'Mother, I Bow to Thee'.
It first appeared in the literary journal Bangadarshan on 7th November 1875 and was later featured in the 1882 novel Anandamath.
Rabindranath Tagore composed the tune for the song, transforming it into an enduring symbol of national unity.
The Congress Working Committee officially adopted the first two stanzas as India's National Song in 1937.
On 24th January 1950, Dr. Rajendra Prasad affirmed that Vande Mataram holds an honoured status equal to Jana Gana Mana.
While Article 51A(a) makes respecting national symbols a Fundamental Duty, the Constitution does not explicitly list a National Song.

Vande Mataram served as the primary patriotic rallying cry during the Swadeshi Movement and the wider anti-colonial struggle.
British colonial authorities repeatedly banned public renditions of the song and arrested citizens who chanted it.
Rabindranath Tagore sang it publicly at the 1896 Calcutta Session of the Indian National Congress.
Demonstrators adopted it as a central political slogan on 7th August 1905 during protests against the Partition of Bengal.
During the 1905 anti-partition rally, around 40,000 citizens gathered at Calcutta Town Hall to sing Vande Mataram in protest.
Patriots formed the Bande Mataram Sampradaya in 1905, while Bipin Chandra Pal and Sri Aurobindo launched the English newspaper Bande Mataram in 1906.
Students in the 1938 Vande Mataram Movement across the Hyderabad-Karnataka region defied colonial restrictions by singing the song despite facing expulsions.
Internationally, Madam Bhikaji Cama unfurled a tricolour flag inscribed with Vande Mataram at Stuttgart in 1907, and Madan Lal Dhingra chanted it before his execution in 1909.

Official protocol dictates that when both compositions are performed together, organizers must play Vande Mataram before Jana Gana Mana.
Audience members must stand to attention during the official rendition of Vande Mataram, which lasts about 3 minutes 10 seconds.
The public is not required to stand when Vande Mataram plays as part of feature films, documentaries, or newsreels.
Official performances of the National Song take place at Presidential functions, Gubernatorial events, and National Flag ceremonies.
Bands performing the song must precede the rendition with a roll of drums to alert the audience.
Educational institutions are encouraged to organize daily community singing of Vande Mataram to instill respect for national symbols.
This official protocol aligns directly with the Fundamental Duty outlined in Article 51A(a) of the Indian Constitution.