The Union Cabinet approved amendments to the National Emblem of India (Prohibition of Improper Use) Act, 1950, and the State Emblems of India (Regulation of Use) Act, 1951. These amendments introduce a provision to penalize the intentional insult to “Vande Mataram,” the national song of India.
Currently, the 1950 Act prohibits and penalizes the improper use of the National Emblem. The amendment expands its scope to include actions that intentionally insult “Vande Mataram.” Similar changes are being proposed for the 1951 Act, which regulates the use of State emblems.
The proposed penalty for insulting “Vande Mataram” is imprisonment for a term extending to two years, or a fine of ₹5,000, or both. The existing Acts already prescribe penalties for improper use of national and state emblems, including fines and imprisonment.
The government states the amendment aims to uphold the dignity of “Vande Mataram,” which holds a special place in the nation’s history and represents the spirit of India. Officials emphasize that the intention isn’t to stifle freedom of speech but to prevent deliberate acts of disrespect towards a symbol of national pride.
The move follows a recent Supreme Court directive in December 2023, where the court acknowledged the importance of “Vande Mataram” and suggested enacting a law to address instances of disrespect towards it. The court was hearing a Public Interest Litigation (PIL) seeking directions to ensure “Vande Mataram” is sung in schools and colleges and to criminalize its disrespect.
The amendments will now be presented to Parliament for approval. If passed, they will strengthen the legal framework surrounding national symbols and provide a legal recourse against intentional insults to “Vande Mataram.” The government clarifies that genuine artistic expression or academic discussion will not be considered offenses under the amended law.
