Cabinet nod to make insult to Vande Mataram punishable offence

New Delhi: The Union Cabinet has approved a proposal to amend the Prevention of Insults to National Honour Act, 1971 to make any obstruction to the singing of the national song Vande Mataram a punishable offence.

This gives Vande Mataram the same statutory protection as the national anthem Jana Gana Mana.

The Act, at present, protects the national anthem, the national flag and the Constitution from any insults.

Burning, mutilating, defacing, trampling, etc., of the national flag or the Constitution or intentionally causing disturbance during the singing of the national anthem can attract a prison term of up to three years or a fine of both, according to the Act.

Officials said the proposed amendment to the Act, after Parliament's nod, will impose punishment on causing any deliberate obstruction to the singing of Vande Mataram.

Former Union minister and BJP MP Anurag Thakur thanked Prime Minister Narendra Modi, Home Minister Amit Shah and Union Minister of State for Home Nityanand Rai for the move.

"Delighted to share that the Union Cabinet, under the leadership of Hon’ble Prime Minister Narendra Modi ji, has approved the amendment to the Prevention of Insults to National Honour Act, 1971, granting our National Song Vande Mataram the same statutory protection as the National Anthem.

"This has been a long-standing demand. I had also raised the issue through a Rule 377 notice in the Lok Sabha during the Budget Session, urging legal safeguards to prevent deliberate insults and protect our cultural heritage," Takur said in a post on X, saying "A proud moment for every Indian who holds Vande Mataram dear".

In January, the Union home ministry had directed that all six stanzas of the Vande Mataram, written by Bankim Chandra Chattopadhyay, shall be sung first when the national song and the national anthem are to be played together.

In the order, the ministry issued the first set of protocols for singing the national song, directing that six stanzas, totalling 3 minutes 10 seconds, shall be sung at official functions such as the arrival of the President, the unfurling of the tricolour, and governors' speeches.

"When the National Song and the National Anthem are sung or played, National Song will be sung or played first," the order read.

The assembly where the national song is sung shall stand in attention, it said.

In March, the Supreme Court refused to entertain a plea against the circular on singing of Vande Mataram at official events and schools, saying the directive was not mandatory.

A bench of Chief Justice Surya Kant and justices Joymalya Bagchi and Vipul M Pancholi noted that there was no penal consequence prescribed for not singing the song and termed the plea as "premature".

The Centre is observing the 150th year of Vande Mataram.

In a resolution adopted by the Constituent Assembly on January 24, 1950, it was decided that the composition consisting of the words and music known as Jana Gana Mana is the national anthem of India, subject to such alterations in the words as the government may authorise as occasion arises.

Vande Mataram, which played a historic part in the struggle for Indian freedom, was decided shall be honoured equally with Jana Gana Mana and shall have equal status with it.