What is National Honour (Amendment) Bill, 2026 | Explained

Published 28 July 2026 · politics

The story so far: The Rajya Sabha on July 24, 2026, introduced the Prevention of Insults to Honour (Amendment) Bill, 2026, which seeks to extend

The story so far: The Rajya Sabha on July 24, 2026, introduced the Prevention of Insults to Honour (Amendment) Bill, 2026, which seeks to extend statutory protection to Vande Mataram, the Song, by amending the Prevention of Insults to Honour Act, 1971. The Act currently criminalises insults to the Flag, the Constitution and the Anthem. This legislation is the culmination BJP government at centre’s year-long commemoration of the 150th anniversary of Vande Mataram and follows a series of government measures, including protocols for its rendition and directives to States regarding its observance. What does the Bill say? The Bill seeks to amend Section 3 of the Prevention of Insults to Honour Act, 1971, which currently penalises anyone who intentionally prevents the singing of the Anthem (Jana Gana Mana) or causes disturbance to an assembly engaged in its singing. The amendment extends the same protection to Vande Mataram. If passed, intentionally preventing the singing of the Song or disrupting a gathering engaged in its rendition would become a criminal offence punishable with up to three years’ imprisonment, a fine, or both. Repeat offenders would face a minimum prison term of one year, as is currently the case for offences relating to the Anthem. The government has justified the amendment by citing Constituent Assembly President Rajendra Prasad’s statement on January 24, 1950, in the statement of objects and reasons for bringing the bill, that Vande Mataram, which played a historic role in the freedom struggle, would enjoy a status equal to that of the Anthem. It argues that while the Song enjoys equal honour, there is currently no specific legal provision protecting it from disruption or insult. What has been the historical stance on Vande Mataram? Vande Mataram was written by the Bengali writer Bankimchandra Chattopadhyay in 1882. The song, particularly its first two stanzas, became a powerful symbol of anti-colonial nationalism, particularly during the Swadeshi movement following the partition of Bengal in 1905.

However the later stanzas of the song, even during the colonial era, were opposed by sections of Muslim community and several Congress leaders. The subsequent verses personify India directly as a Hindu goddesses specifically Durga and Lakshmi. And additionally, the stanzas feature militant battle imagery and temple references that many argued could alienate non-Hindu communities playing into the hands of the British policy of deepening the communal divide. The debate culminated in a Congress Working Committee meeting in Calcutta in October 1937. Far from being a decision taken solely by Jawaharlal Nehru, the 1937 resolution was endorsed by many of the leading figures of the national movement. Rajendra Prasad moved the resolution and Vallabhbhai Patel seconded it. Gandhi attended as a special invitee. The meeting also involved consultation with Rabindranath Tagore, who advised that only the first two stanzas should be used for public and ceremonial purposes because they celebrated the country without invoking specific religious imagery. The Congress Working Committee unanimously accepted that view and decided that only the first two stanzas should be used at national gatherings. This settlement subsequently shaped the approach of the Constituent Assembly. On January 24, 1950, Rajendra Prasad announced that Jana Gana Mana would be the Anthem and that Vande Mataram would be honoured equally because of its role in the freedom struggle. However, the Assembly did not place the Song on the same constitutional footing as the Anthem. Critics of the current Bill note that the Assembly effectively adopted only the first two stanzas for official purposes and did not incorporate the later religious verses into the constitutional framework. The distinction continued after Independence. Article 51A(a) of the Constitution requires citizens to respect the Flag and Anthem but does not mention the Song. Similarly, the Prevention of Insults to Honour Act, 1971, protects the Flag, Constitution and Anthem but does not extend penal protection to Vande Mataram.