Bill Passed in Rajya Sabha Making Insult to Vande Mataram Criminal Offense
Rohit Kumar
NEW DELHI, July 29: The Rajya Sabha on Wednesday passed a Bill to make insult to national song Vande Mataram a criminal offence. The Prevention of Insults to National Honor (Amendment) Bill, 2026 was passed with a vote.
Discussion on the bill was taken up amid opposition protest and slogan shouting seeking a response from Union Home Minister Amit Shah over police action against those who had protested in the national capital over NEET paper leak.
The Deputy Chairman went ahead with the proceedings of the House despite the protests and urged members to participate in the discussion. The Opposition parties continued to raise their demand and later staged a walkout when Union Minister of State for Social Justice and Empowerment Ramdas Athawale was speaking on the proposed legislation.
In his reply to the Bill, Union Minister of State for Home Affairs Nityanand Rai said the Congress was trying to insult the country’s honor — its national song Vande Mataram by resorting to appeasement politics.
He mentioned several instances where ‘Vande Mataram’ was used as the last words by many freedom fighters while sacrificing their lives for the country. “One cannot understand the Congress’ opposition to Vande Mataram…The country’s youth are watching and the people of the country will teach them a lesson,” Mr Rai said.
He said ‘Vande Mataram’ was needed for the promise of “Ek Bharat, Shreshta Bharat.” The proposed legislation seeks to make desecration of or disrespect towards the country’s national symbols, including the national flag, the Constitution, and the national anthem, a criminal offense, with a provision of up to three years’ imprisonment.
The Bill, which was introduced in the House on July 24, seeks to give Vande Mataram the same statutory protection as the national anthem, ‘Jana Gana Mana.’ This step by the government comes amid the year-long celebrations of the 150th anniversary of Vande Mataram.
The CPM had earlier raised objections to giving Vande Mataram the status equal to the national anthem. The CPM Rajya Sabha group leader John Brittas had given notice under Rule 67 objecting to introduction of the Prevention of Insults to National Honor (Amendment) Bill, 2026. He had referred to the Statement of Objects and Reasons, which cites Dr Rajendra Prasad’s January 24, 1950 statement, and argued that it omitted the Constituent Assembly decision not to adopt a formal resolution on the matter. As a result, he said, the statement never carried constitutional force.
Mr Brittas noted that the Constituent Assembly, over nearly three years of deliberation, chose not to place the National Song and National Anthem on equal constitutional footing, and that the Bill attempts to alter this understanding through ordinary legislation. He also cited the historic consensus limiting official use to the first two stanzas of Vande Mataram.
The Bill, he said, conflicts with Article 51A(a), which lists respect for the Constitution, the National Flag and the National Anthem as Fundamental Duties but does not mention the National Song. It also cites the Prevention of Insults to National Honor Act, 1971, under which Parliament confined penal protection under Section 3 to the National Anthem alone.
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