Context: The Union Cabinet has approved amendment of the Prevention of Insults to National Honour Act, 1971 to make insults or obstruction to the singing of Vande Mataram a punishable offence. The move seeks to extend legal protection to the National Song similar to protections already available for the National Anthem, National Flag and Constitution.
Explanation
- Vande Mataram was written by Bankim Chandra Chattopadhyay and published in his novel Anandamath in the 1880s during the British colonial period.
- The song became an important slogan of the Indian freedom movement and symbolised the nation as a mother figure inspiring anti-colonial nationalism.
- In 1937, the Indian National Congress decided that only the first two stanzas of Vande Mataram would be used at official gatherings due to objections raised against later portions.
- After Independence, the Constituent Assembly accorded Vande Mataram the status of the National Song, while Jana Gana Mana, written by Rabindranath Tagore, became the National Anthem.
- The Prevention of Insults to National Honour Act, 1971 currently penalises insults to the National Anthem, National Flag and Constitution through imprisonment, fine or both.
- The proposed amendment seeks to include insults or obstruction relating to Vande Mataram within the scope of the 1971 Act, thereby giving statutory backing to its protection.
- The Union Home Ministry had earlier issued advisory instructions directing States and public authorities to play or sing Vande Mataram at official events, but these guidelines did not have legal enforceability.
- The Ministry guidelines stated that all six stanzas of Vande Mataram, which together take slightly over three minutes, may be sung or played during official functions.
- The issue also relates to constitutional debates concerning freedom of speech and expression under Article 19(1)(a) and freedom of conscience and religion under Article 25.
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