Key Details
Introduced in the Rajya Sabha on 24 July 2026, the Prevention of Insults to National Honour (Amendment) Bill, 2026 was passed by the House on 29 July 2026. The Bill amends Section 3 of the Prevention of Insults to National Honour Act, 1971 to expressly include the National Song alongside the National Anthem.
Area | Main Provision |
|---|---|
Bill | Prevention of Insults to National Honour (Amendment) Bill, 2026 |
Parent Law | Prevention of Insults to National Honour Act, 1971 |
Existing Protection | Section 3 covered intentional obstruction or disturbance during the singing of the National Anthem. |
New Inclusion | The same protection will now extend to the National Song, Vande Mataram. |
Prohibited Conduct | Intentionally preventing the singing of, or disturbing an assembly singing, either the National Anthem or the National Song. |
Punishment | Imprisonment up to three years, a fine, or both. |
Nature of Amendment | Expands the scope of an existing offence without introducing a new offence or enhancing the penalty. |
The Amendment Expands an Existing Legal Protection
The Bill broadens the scope of Section 3 of the Prevention of Insults to National Honour Act, 1971 by extending its protection from the National Anthem to the National Song, Vande Mataram. Rather than creating a new offence, it brings both national symbols under the same legal provision governing intentional obstruction or disruption during public singing.
The Change Removes a Long-Standing Statutory Distinction
Until now, the law expressly protected only the National Anthem, even though Vande Mataram has long held recognised national importance and was accorded equal honour by the Constituent Assembly in 1950. The amendment removes this distinction by giving the National Song explicit statutory protection under the 1971 Act.
Intent Continues to Be the Basis of Liability
The amendment applies only where a person intentionally prevents the singing of the National Anthem or National Song, or deliberately disturbs an assembly engaged in singing either. It does not criminalise accidental interruption or mere non-participation, and the existing maximum punishment of three years' imprisonment, a fine, or both remains unchanged.
Policy Relevance
Closes a statutory gap by extending explicit legal protection to the National Song under the Prevention of Insults to National Honour Act, 1971.
Provides greater legal certainty by clearly defining the protection available during the singing of both the National Anthem and the National Song.
Retains the requirement of intentional conduct, ensuring that liability depends on deliberate obstruction or disturbance rather than accidental acts or non-participation.
Maintains proportionality by expanding the scope of an existing offence without altering the penalty framework.
Highlights the importance of clear enforcement guidance so that authorities distinguish punishable conduct from inadvertent disruption or lawful expression.
Follow the Full Bill Here: The Prevention of Insults to National Honour (Amendment) Bill, 2026