New Delhi: In a landmark decision, the Union Cabinet has cleared a proposal to amend the Prevention of Insults to National Honour Act, 1971, effectively making any deliberate obstruction to the singing of the national song, Vande Mataram, a punishable offence. This move elevates the national song to the same legal standing as the national anthem, Jana Gana Mana.

Currently, the 1971 Act provides safeguards against the desecration of the National Flag, the Constitution and the National Anthem. Under existing provisions, acts such as burning, mutilating or trampling the flag, or intentionally disrupting the national anthem, can lead to a three-year prison sentence, a fine or both. The new amendment seeks to extend these penal consequences to those who intentionally interfere with the performance of Vande Mataram.

The decision was hailed by BJP MP and former Union Minister Anurag Thakur, who had previously advocated for this change in Parliament. Taking to X, he stated.

"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."

New protocols and historical context

This legislative push follows a series of administrative directives aimed at honouring the song during its 150th anniversary year. In January, the Home Ministry established a specific protocol for official functions, mandating that all six stanzas of the song (lasting 3 minutes and 10 seconds) be performed.
The Ministry further directed, "When the National Song and the National Anthem are sung or played, National Song will be sung or played first."

While the Supreme Court had previously declined to entertain a plea against the mandatory singing of the song—noting in March that the directive lacked penal consequences—this new amendment provides the legal teeth that were previously missing.

The move aligns with the Constituent Assembly’s resolution from January 24, 1950, which declared that Vande Mataram, due to its historic role in the freedom struggle, "shall be honoured equally with Jana Gana Mana and shall have equal status with it”.

PTI