Can insulting or refusing to sing Vande Mataram become punishable?
Written and composed by Bankim Chandra Chatterjee, Vande Mataram is in the midst of a debate now
The 150th anniversary of the national song 'Vande Mataram' is marked by a significant debate surrounding a government proposal to grant it statutory protection and penal consequences for insult. This move, intended to enhance national honour, faces scrutiny for potentially infringing upon fundamental constitutional rights related to freedom of speech, conscience, and religion. The debate is further complicated by the historical decision to omit certain stanzas with Hindu imagery for secular reasons, a point now brought back into focus by the mandate to sing all six stanzas at official functions. Legal experts and civil society groups are questioning the constitutional validity of such measures, highlighting the delicate balance between national pride and individual liberties.
The 150th anniversary of the national song 'Vande Mataram' is marked by a significant debate surrounding a government proposal to grant it statutory protection and penal consequences for insult. This move, intended to enhance national honour, faces scrutiny for potentially infringing upon fundamental constitutional rights related to freedom of speech, conscience, and religion. The debate is further complicated by the historical decision to omit certain stanzas with Hindu imagery for secular reasons, a point now brought back into focus by the mandate to sing all six stanzas at official functions. Legal experts and civil society groups are questioning the constitutional validity of such measures, highlighting the delicate balance between national pride and individual liberties.
The 150th anniversary of the national song 'Vande Mataram' is marked by a significant debate surrounding a government proposal to grant it statutory protection and penal consequences for insult. This move, intended to enhance national honour, faces scrutiny for potentially infringing upon fundamental constitutional rights related to freedom of speech, conscience, and religion. The debate is further complicated by the historical decision to omit certain stanzas with Hindu imagery for secular reasons, a point now brought back into focus by the mandate to sing all six stanzas at official functions. Legal experts and civil society groups are questioning the constitutional validity of such measures, highlighting the delicate balance between national pride and individual liberties.
The year-long celebration of 150 years of the national song, Vande Mataram (I bow to thee, Mother), began on November 7, 2025, and will continue till November 7, 2026. Written and composed by Bankim Chandra Chatterjee, the song is in the midst of a debate now.
What is the debate about?
Among other Bills, the government intends to bring The Prevention of Insults to National Honour (Amendment) Bill, 2026, in the Rajya Sabha during its Monsoon session. The Bill aims to provide statutory status and penal protection to the national song. The obstruction to singing the song or insulting it would be punishable. But is this move in line with the Constitution of India?
The national anthem, Jana Gana Mana, was adopted on January 24, 1950, and the President of the Constituent Assembly remarked that Vande Mataram “shall be honoured equally with Jana Gana Mana and shall have equal status with it.” However, the Assembly did not pass any formal resolution regarding a national song.
When it comes to The Prevention of Insults to National Honour Act, 1971, it is only concerned with the National Anthem and is more or less an expanded version of Article 51A(a) of the Fundamental Duties which states, “It shall be the duty of every citizen of India—(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem”… Section 3 of the Act confines penal protection only to the National Anthem.
The Union Government began to push the mandates for this song after the year-long celebration began. The Ministry of Home Affairs (MHA) issued an order dated 06.02.2026 stating that all six stanzas of the national song, including the last four lines which were dropped by the then Jawaharlal Nehru’s government to maintain secularism in 1937, shall be sung at all official functions. The last four lines contain Hindu imagery and references to Hindu deities and the then government thought it best to drop it in favour of secular beliefs.
The Bill can be amended through a simple majority in the Parliament; however, it would then be a violation of Articles 14, 19(1)(a), 21 and 25, restricting freedom of speech, conscience and religion.