Minister of State (MoS) for Home Affairs Nityanand Rai on Friday tabled the Prevention of Insults to National Honor (Amendment) Bill, 2026 in the Rajya Sabha, proposing criminal penalties for anyone who deliberately disrupts or prevents the singing of Vande Mataram.
The proposed amendment seeks to expand the scope of the Prevention of Insults to National Honor Act, 1971, by including its acts of intentionally obstructing the performance of the national song or creating disturbances while it is being sung.
The government said the legislation aims to preserve the dignity of Vande Mataram, who played a crucial role in India’s freedom movement.
Bharatiya Janata Party (BJP) Member of Parliament, Rajya Sabha, Sanjay Seth, welcomed the proposal, saying the patriotic song has gained wider acceptance in recent years and deserves the same level of public respect wherever it is sung.
However, the opposition questioned the constitutional legitimacy of the move, considering that it might infringe on basic rights.
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Communist Party of India (Marxist) (CPI(M)) Rajya Sabha member John Prithas, before introducing the bill, wrote to Union Home Minister Amit Shah urging the government to reconsider the proposal.
In his letter dated July 19, Britas said that although Vande Mataram remains an iconic symbol of the independence movement, equating his extradition with criminal liability represents a departure from the constitutional treatment of the national anthem and the patriotic song. He said that the proposed amendment raises issues related to Articles 19, 21 and 25 of the Constitution, which protect freedom of opinion and expression, personal freedom and freedom of conscience.
According to Britas, the Constitution stops short of compelling citizens to display their patriotism except in cases where Parliament expressly legislates. He warned that expanding criminal law in this area could upset the balance between national sentiments and individual rights.
Aam Aadmi Party (AAP) Rajya Sabha MP Sanjay Singh also opposed the bill.
