India plans bill to punish insults to national song 'Vande Mataram'

India's Union government intends to introduce a bill in the upcoming monsoon session of Parliament that would criminalize insults or obstructions to the singing of the national song, 'Vande Mataram.' The proposed legislation aims to grant the song the same legal protections afforded to the national anthem, the national flag, and the Constitution.

Union Home Minister Amit Shah is slated to present the Prevention of Insults to National Honour (Amendment) Bill, 2026, in the Rajya Sabha. If passed, the bill stipulates a prison term of up to three years, a fine, or both for those who obstruct or insult the rendition of 'Vande Mataram.' This move follows a previous directive from the Home Ministry making it mandatory to play or sing the national song at official events where the national anthem is performed, with specific instructions to sing all six stanzas.

However, the proposed bill has drawn criticism. CPI (M) Member of Parliament John Brittas voiced significant concerns in a letter to Shah. Brittas argued that while 'Vande Mataram' holds deep historical importance, the amendment deviates from the established constitutional framework governing the national anthem and song. He fears it could upset a delicate constitutional balance rooted in pluralism, freedom of conscience, and voluntary patriotism.

Brittas pointed out that the bill's justification relies on a 1950 statement by Dr. Rajendra Prasad suggesting 'Vande Mataram' should be honored equally with 'Jana-Gana-Mana.' However, Brittas contends that the bill overlooks the specific constitutional context in which Prasad's statement was made, potentially creating unintended consequences for the nation's diverse fabric.

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While the profound contribution of Vande Mataram to India’s freedom movement is beyond dispute and commands the highest respect from every Indian, the proposed amendment departs from the carefully evolved constitutional settlement that has governed the status of the National Anthem and the National Song since the birth of our Republic. In doing so, it risks unsettling a delicate constitutional balance founded upon pluralism, liberty of conscience and voluntary patriotism.