3 Years in Jail for Insulting Vande Mataram—Cabinet Clears Proposal to Equate Status of National Song with National Anthem

Key Points

The Union Cabinet on 5 May 2026 approved a proposal to include the National Song, Vande Mataram, under the same legal protections currently granted to the National Anthem, the National Flag and the Constitution of India.

Under the proposed amendment to the Prevention of Insults to National Honour Act, 1971, any intentional disruption, obstruction or insult during the singing of Vande Mataram could attract imprisonment of up to three years, a fine, or both. Repeat offences may also carry stricter penalties, including a minimum one-year jail term.

At present, Section 3 of the 1971 Act penalises anyone who intentionally prevents the singing of Jana Gana Mana or causes disturbance during its rendition. The amendment would extend similar provisions to the National Song.

The Cabinet decision comes amid the Central Government’s broader push to elevate the status of Vande Mataram as the country marks 150 years since the song was written by Bankim Chandra Chattopadhyay in 1875. The move also comes a day after the BJP secured a sweeping victory in the West Bengal Assembly Election, ending the TMC’s 15-year rule in the state.

In recent months, the Centre has issued multiple directives regarding the performance of Vande Mataram. On 28 January 2026, the Ministry of Home Affairs issued a detailed order directing that all six stanzas of the song be sung or played during official occasions, including flag unfurling ceremonies, the arrival of the President and Governors at public functions, and ceremonial state events.

The guidelines also directed that Vande Mataram should be played before Jana Gana Mana when both are performed together, and that audiences should stand in attention during the song.

See Also: How Vande Mataram, Our National Song, Became the Anthem of the Freedom Struggle and Now For a Modern Political Debate

In April 2026, the University Grants Commission (UGC) instructed universities and colleges to ensure “strict compliance” with the Home Ministry’s notification. The order stated that schools may begin the day with community singing of Vande Mataram and called for mass singing during cultural and ceremonial functions.

Until now, these directives remained advisory in nature without statutory backing. The Cabinet-approved amendment seeks to provide legal enforceability to the protocols surrounding the song.

The BJP has consistently argued that Vande Mataram should receive equal respect as the National Anthem. During a parliamentary discussion commemorating 150 years of the song in December 2025, Defence Minister Rajnath Singh accused the Congress of historically “communalising” the song and reducing it to the first two stanzas because of “appeasement politics”. Prime Minister Narendra Modi had also alleged that the Congress “fragmented” the song during the freedom movement.

The proposed amendment has already drawn criticism from civil society groups and religious bodies including the All India Muslim Personal Law Board and Jamiat Ulama-i-Hind. Earlier, critics opposed the Home Ministry’s notification mandating all six stanzas, arguing that portions of the song contain references to deities and conflict with monotheistic Islamic beliefs and India’s value of secularism. Muslim leaders described the directive as unconstitutional and said compelling citizens to sing the song would violate Article 25 of the Constitution guaranteeing freedom of religion.

The issue has also sparked political controversy in recent months. In April 2026, police in Indore registered an FIR against two Congress corporators after they allegedly refused to sing Vande Mataram during a municipal corporation session. The corporators later expressed regret amid mounting political pressure.

Once introduced and passed in Parliament, the amendment would formally bring Vande Mataram within the legal framework governing India’s national symbols, marking a significant expansion of state-backed protections around the National Song.

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