National Song vs National Anthem: The Law

Context

The draft Prevention of Insults to National Honour (Amendment) Bill 2026 aims to broaden the statutory protection granted to the national anthem ‘Jana Gana Mana’ to cover the national song ‘Vande Mataram’.

Key Highlights

The move is reigniting discussion on the issue of national symbols, constitutional freedom and religious freedom and the extent of the criminal law in relation to national honour.

What Does the Proposed Law Seek to Do?

• The Bill would make amendments in the Prevention of Insults to National Honour Act, 1971.
• Section 3 of the current law makes it illegal to “intentionally prevent” the singing of the national anthem or provoke disturbance of an assembly singing the anthem.
• Penalty for the offence is imprisonment for up to 3 years or a fine or both.
• The proposed amendment aims to add ‘Vande Mataram’ to the same protection.
• This would give a statutory framework to curb deliberate disruptions to the singing of the National song.

Legal Status of Vande Mataram

• Bankim Chandra Chatterjee’s Vande Mataram made a significant contribution to the freedom movement of the country.
• The previous instructions from the Union Ministry of Home Affairs were the definition of the authorised lyrics and occasions for its mass singing.
• The guidelines were that people stand up while listening to the official version being sung or played.
• The government guidelines were advisory, however, and were not backed by any criminal sanctions for the refusal to sing the song.
• The proposed Bill would make a radical amendment by having punishment follow intentional disruption.

What Does the Supreme Court Say About National Symbols?

• The Bijoe Emmanuel v State of Kerala (1986) case laid down an important constitutional rule that distinguished between disrespect and non-participation.
• Three students from the Jehovah’s Witnesses faith refused to sing the national anthem, in accordance with their beliefs, but stood in silence, in a respectful manner.
• The Supreme Court said that their expulsion infringed on Article 19(1)(a) – the freedom of speech and expression – and Article 25(1) – the freedom of religion.
• The Court stated that there is no law enforcing the singing of the national anthem.
• It believed that the act of standing in respect is enough to show respect and that it is not disrespectful not to participate in the singing.

Disruption vs Refusal: Key Legal Distinction

• Courts have separated “active” from “passive” refusal to sing a national anthem.
• The Kerala High Court in Salman v State of Kerala (2014) ruled that loud or abusive noise which obstructs the National Anthem could be punishable under Section 3 of the 1971 Act.
• The proposed legislation might actually seek to prohibit intentional disturbance or obstruction instead of silence or non-participation.
• This is important because the criminal law cannot be used to enforce expressions of patriotism.

Way Ahead

• There should be clarity and definitions of the term ‘intentional disturbance’ and ‘obstruction’ in the amendment.
• Authorities have to be able to tell the difference between deliberate insult and constitutionally protected freedoms.
• Statutory protection should not be inconsistent with the protection afforded by Articles 19 and 25 of the Constitution.
• Judicial review will play a key role in safeguarding the national honour while not diminishing constitutional tolerance.
• India’s democratic process should go ahead and continue to work on the dichotomy between Patriotism and National Unity, and Minority Dissenters’ rights.

Conclusion

• The proposed legal equivalence of ‘Vande Mataram’ and ‘Jana Gana Mana’ is a significant change in the law of national symbols in India.
• The constitutional rule, however, is a firm one: disruption (as long as it is active) can be punished; non-participation (as long as it is respectful) cannot be equated with disrespect.
• The difficulty lies in safeguarding national dignity and upholding the principles of tolerance and pluralism in the constitution.

Source: The Indian Express

Prelims PYQ

Q. Who among the following is associated with ‘Songs from Prison’, a translation of ancient Indian religious lyrics in English? (2021)

(a) Bal Gangadhar Tilak
(b) Jawaharlal Nehru
(c) Mohandas Karamchand Gandhi
(d) Sarojini Naidu

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