Does ‘Vande Mataram’ need the threat of criminal law to be honoured?

The Prevention of Insults to National Honour (Amendment) Act, 2026, which received the assent of the president on Tuesday, makes it a crime to insult or stop the singing of Vande Mataram.

It asks a much more critical question: in a democracy, should loyalty to the nation be determined by adherence to constitutional principles or should it be judged by performing actions legally deemed to be patriotic?

On Tuesday, the government announced that Vande Mataram will be sung at the Independence Day celebrations at the Red Fort on August 15.

The new law amends the Prevention of Insults to National Honour Act of 1971 by offering legal protection to Vande Mataram. The song, written in 1875, has long been an inspiration for Indians. No one has suggested that Vande Mataram does not deserve respect. But should respect for Vande Mataram be legislated?

In January 1950, the Constituent Assembly that had been appointed to frame India’s Constitution resolved to adopt Jana Gana Mana as the national anthem while recognising Vande Mataram as the National Song in view of its historic role in the freedom movement.

The Assembly consciously distinguished between the National Anthem and the National Song.

Assembly members acknowledged that while Vande Mataram is important for nationalism, parts of the song contain religious imagery that some communities could find it difficult to relate to. Rather than...

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