Government set to bring Bill making insult to Vande Mataram a criminal offence

The Bill proposes to amend the Prevention of Insults to National Honour Act, 1971, which makes desecration of or disrespect toward the country’s national symbols, including the national flag, the Constitution and the national anthem, a criminal offence, with a punishment of up to three years’ imprisonment as well as provisions for a fine.

The proposed move drew a sharp reaction from the CPM, with Rajya Sabha MP John Brittas calling for the Bill’s withdrawal, stating in a letter to Shah that it “risks unsettling a delicate constitutional balance founded upon pluralism, liberty of conscience and voluntary patriotism”.

According to a copy of the proposed legislation circulated among MPs, the Bill seeks to substitute the existing Section 3 of the 1971 Act to effectively bring “Vande Mataram” at par with “Jana Gana Mana” with regard to alleged acts of prevention or disturbance against singing them, with the same penal provisions — three years, a fine, or both.

“Whoever, intentionally — (a) prevents the singing of the National Anthem or the National Song; or (b) causes disturbance to any assembly engaged in such singing, shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both,” the Bill states.

Last year, a special discussion was held in both Houses in December to mark the 150th anniversary of the national song, with sittings taking place over four days — one day in the Lok Sabha and three in the Rajya Sabha — during the Winter Session.

Prime Minister Narendra Modi had initiated the discussion in the Lok Sabha, which saw the participation of 65 MPs over 11 hours and 32 minutes. In the Rajya Sabha, Shah had initiated the discussion, which saw 81 members participate over 12 hours and 49 minutes.

During the debate, the BJP-led NDA Government locked horns with the Opposition, mainly the Congress. Modi accused the Congress of having truncated the song to appease the Muslim League and Mohammad Ali Jinnah, adding that omitting important stanzas had put the country on the path of “appeasement politics” that ultimately led to Partition.

In response, Congress leader and Wayanad Lok Sabha MP Priyanka Gandhi Vadra invoked the “chronology” behind the song and accused the Prime Minister of misrepresenting the facts in the matter.

Reading excerpts of correspondence between Jawaharlal Nehru and Subhash Chandra Bose, Vadra underlined that the first two stanzas “were always sung” and that the ones added later could be interpreted as communal. She asserted that it was following the Congress Working Committee’s resolution on October 28, 1937, that “Vande Mataram” was declared the national song.

According to the amendment Bill’s statement of objectives, there is at present no specific legal provision to prevent insults to the singing of “Vande Mataram”.

“Therefore, in order to prohibit any person from intentionally preventing the singing of the National Song (Vande Mataram) or causing disturbance to any assembly engaged in such singing, it is proposed to amend Section 3 of the said Act to include the National Song also within its ambit, so as to make such acts punishable,” the objectives state.

The Bill notes that at the meeting of the Constituent Assembly held on January 24, 1950, President Dr Rajendra Prasad stated that “the song Vande Mataram composed by Shri Bankim Chandra Chatterjee, which played a historic role in the Indian freedom struggle, shall be honoured equally with ‘Jana-Gana-Mana’ and shall have equal status with it”.

However, in his letter to Shah, Brittas noted that while the song’s “profound contribution” to the freedom movement was beyond dispute and it commands the highest respect from every Indian, the proposed amendment “departs from the carefully evolved constitutional settlement” governing the status of the national anthem and the national song.

Referring to Dr Prasad’s statement, Brittas underlined that the history preceding it was “equally significant”, noting that during the freedom struggle, “Vande Mataram” had inspired countless Indians in their resistance against colonial rule.

However, he said, “concerns had been expressed regarding portions of the song that invoke Hindu deities and imagery, leading several national leaders to advocate that only its universally accepted opening stanzas be used in public functions”.

He contended that criminalising conduct connected with its singing may “inadvertently convert a cherished national symbol into an instrument of legal compulsion”.

According to the Government, the composition is an inspiration for “countless generations of freedom fighters and nation builders, standing as a lasting emblem of India’s national identity and collective spirit”.

The song was first published in the literary journal “Bangadarshan” on November 7, 1875, and later incorporated in the novel “Anandamath”, published in 1882. It was subsequently set to music by Rabindranath Tagore.