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In Brief
Government to table Prevention of Insults to National Honour (Amendment) Bill making intentional disruption of Vande Mataram singing punishable—free speech implications.
The Government has listed the Prevention of Insults to National Honour (Amendment) Bill in the Monsoon Session agenda. The bill proposes to make the intentional insult of, or disruption during, the singing of Vande Mataram a punishable offence under criminal law.
Background: Vande Mataram (Sanskrit: 'I bow to thee Mother') is India's national song since independence (1947). It originated from Bankim Chandra Chattopadhyay's novel 'Anandamath' (1882). The Prevention of Insults to National Honour Act (1971) protects the Constitution, national flag, and Constitution's display. This amendment extends protection to Vande Mataram specifically.
Key Provisions: (1) Criminal liability for intentional insult or disruption of Vande Mataram singing, (2) Enhanced penalties (likely imprisonment and/or fine), (3) Applicable to public and semi-public spaces, (4) Definition of 'insult' and 'disruption' to be codified.
Why It Matters: Raises constitutional questions on free speech (Article 19(1)(a)), limits on expression, and what constitutes 'reasonable restrictions' under Article 19(2). Previous amendments criminalizing national symbol insults have faced SC scrutiny (Kumari Jayawardhan case on flag desecration). Relevant to cultural nationalism vs. liberal constitutionalism debate.
Exam Angle: Expected UPSC Mains questions on free speech jurisprudence, SC's reasonable restrictions doctrine, nationalist symbolism in democracies, comparison with other countries' laws on national symbols, and constitutional propriety of legislative criminalizations.
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