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The Prevention of Insults to National Honour (Amendment) Bill, 2026 was set to be introduced in the Rajya Sabha during the Monsoon Session, extending the statutory protection currently given to the national anthem under Section 3 of the 1971 Act to the national song, 'Vande Mataram.'
Under Section 3, intentionally preventing the singing of a protected national symbol, or disturbing an assembly engaged in singing it, is punishable with up to three years' imprisonment, a fine, or both; the Bill would extend this liability to Vande Mataram.
The move follows Union Home Ministry guidelines issued earlier in 2026 specifying the authorised lyrics (by Bankim Chandra Chatterjee) and occasions for singing the national song — guidelines the Supreme Court had earlier called merely 'advisory,' with no penal consequence, a status the Bill would change.
Courts have drawn a line between disrupting the anthem's singing (an offence) and silently declining to sing it, which is protected under Articles 19(1)(a) and 25(1) per Bijoe Emmanuel v. State of Kerala (1986).
Currently criminalises preventing the singing of, or disturbing an assembly engaged in singing, the national anthem
Extends Section 3's scope and penalties to cover the national song, Vande Mataram
Freedom of speech/expression and freedom of religion — invoked in past anthem-related litigation
Indian courts distinguish between actively disrupting a national symbol's singing (an offence) and simply choosing not to sing while standing respectfully (not an offence). In Bijoe Emmanuel v. State of Kerala (1986), the Supreme Court held that three Jehovah's Witness children could not be expelled for standing silently rather than singing the anthem, since there is no legal provision compelling anyone to sing it.
Simple Analogy: It is the difference between quietly not joining a chorus and shouting over it to stop others from singing — only the second is an offence.
Kerala High Court held that 'making noise and hue and cry' during the anthem's singing falls within the Section 3 offence
Established that silent non-participation, on grounds of religious belief, is protected under Articles 19(1)(a) and 25(1)
GS Paper II > Fundamental Rights, National Symbols, Polity
The law penalising insults to the national flag, Constitution and national anthem; the 2026 Bill would extend it to the national song
Not applicable here — see instead 'advisory guideline': official directions that carry no penal consequence unless backed by statute