The controversy over the singing of the national song “Vande Mataram” has intensified the political debate across the country. The row began after the Congress Working Committee (CWC) decided to restrict the singing of the song at its official programmes to its first two stanzas, instead of all six.
The decision triggered a political clash, with the BJP strongly criticising the Congress and accusing it of disrespecting the historical and cultural significance of “Vande Mataram”. The BJP has also adopted a 10-point resolution condemning the CWC decision and announced political demonstrations and a nationwide public outreach campaign.
Amid the political controversy, a key question has emerged: Can a person face legal action for deliberately stopping or disrupting the singing of “Vande Mataram”?
The answer is now yes. Parliament passed the Prevention of Insults to National Honour (Amendment) Bill, 2026, extending the statutory protection under Section 3 of the 1971 Act to the national song. The Rajya Sabha passed the Bill on July 29 and the Lok Sabha on July 30. President Droupadi Murmu gave her assent in August, turning it into law.
What Does The New Law Say?
The amendment brings “Vande Mataram” under the same statutory protection that already applies to the national anthem, “Jana Gana Mana”.
Under the amended Section 3, anyone who intentionally prevents the singing of the national anthem or national song, or causes a disturbance to an assembly engaged in singing either, can face legal action.
What Is The Punishment?
A person convicted of such an offence can face imprisonment for up to three years, a fine, or both.
The law also contains a stricter provision for repeat convictions. Under Section 3A, a second or subsequent conviction carries a minimum sentence of one year of imprisonment. The amendment extends this protection to cases involving deliberate obstruction or disturbance of “Vande Mataram” as well.
What Has Changed Under The 2026 Amendment?
Provision | The Prevention of Insults to National Honour Act, 1971 (Original Act) | The Prevention of Insults to National Honour (Amendment) Bill, 2026 |
Scope of protection under section 3 | Only the Indian national anthem ('Jana Gana Mana') enjoys special legal protection. | The scope of Section 3 has been expanded to include the national anthem as well as the national song ('Vande Mataram'). |
Prohibited Conduct | Anyone who deliberately prevents the singing of the Indian National Anthem or disrupts any gathering where it is being sung is punished. | Whoever intentionally prevents the singing of the National Anthem or the National Song or creates disturbance in any meeting where it is being sung shall be punished. |
Provision of punishment | Punishable with imprisonment up to three years, or fine, or both. | There is no change in the punishment rules (same imprisonment up to three years or fine). |
Repetition of conviction | Under Section 3A (added in 2003), the second or every subsequent conviction is punishable with imprisonment for a term of not less than one year. | The stringent penalty of at least one year's imprisonment remains unchanged. Repeat offenders of deliberately disrupting the singing of "Vande Mataram" will now also face the same mandatory penalty of at least one year's imprisonment. |
Why Was The Amendment Introduced?
The 1971 law originally provided statutory protection to the National Flag, Constitution and National Anthem. Section 3 specifically dealt with deliberately preventing the singing of “Jana Gana Mana” or disturbing an assembly engaged in its rendition.
The 2026 amendment fills the earlier legal gap by extending the same statutory protection to “Vande Mataram”. The government cited the song's historic role in India's freedom struggle and the Constituent Assembly's January 24, 1950 discussion, during which Dr Rajendra Prasad said that “Vande Mataram” should be honoured equally with “Jana Gana Mana”.
What Is The Prevention Of Insults To National Honour Act?
The Prevention of Insults to National Honour Act, 1971, enacted on December 23, 1971, provides statutory protection to key national symbols, including the National Flag, Constitution and National Anthem.
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Section 2 deals with insults to the National Flag and Constitution, while Section 3 deals with deliberate obstruction of the singing of the National Anthem or disturbance of an assembly engaged in singing it. Section 3A provides a minimum of one year's imprisonment for second and subsequent convictions under the relevant provisions.
The Political Row Continues
The legal change comes against the backdrop of an intensifying political dispute over “Vande Mataram”. While the Congress decision to sing only the first two stanzas at its official programmes has drawn criticism from the BJP, the amendment has now added a legal dimension to the debate.
However, the law specifically targets intentional prevention of the singing or deliberate disturbance of an assembly engaged in singing the national song. The mere decision by an organisation to sing only certain stanzas is a separate issue from the conduct specifically criminalised under Section 3.