Not singing all six stanzas of ‘Vande Mataram’ should not attract criminal action, says SC

The Supreme Court on Tuesday said it expects that a person who does not sing all six stanzas of Vande Mataram for religious reasons should not face criminal prosecution, reported Live Law.

The statement came while a bench of Chief Justice Surya Kant, and Justices Joymalya Bagchi and V Mohana was hearing a petition filed by Carnatic singer TM Krishna challenging the constitutional validity of the 2026 Prevention of Insults to National Honour Amendment Act, which criminalises insults to the national song.

The bench asked the Union government to respond to the petition within two weeks, reported Bar and Bench.

The law, which received presidential assent on August 6, gives Vande Mataram the same statutory protection as the national anthem, Jana Gana Mana. It states that intentionally preventing the singing of the national song, or disrupting a gathering singing it, can be punished with imprisonment of up to three years, a fine or both.

The 1971 Prevention of Insults to National Honour Act already makes insulting the national anthem, national flag or Constitution punishable with up to three years’ imprisonment, a fine or both.

In addition to the 2026 amendments to the 1971 law, Krishna has challenged directions issued by the Union Ministry of Home Affairs in February requiring that all six stanzas of the Vande Mataram be sung at government, ceremonial and cultural occasions.

Only the first two stanzas...

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