Can Criminal Law force patriotism?
Credit: The South First
The Prevention of Insults to National Honour Act, 1971, punishes disrespect to National symbols such as the national flag, Constitution, and the National Anthem, reflecting the constitutional duty under Article 51(A)(a). Section 3 of the Act provides for imprisonment for up to 3 years, a fine or both for those who disrupt or cause disturbance to any assembly singing the National Anthem.
The Rajya Sabha on 29th July 2026 passed the Prevention of Insults to National Honour (Amendment) Bill, 2026. Despite the opposition, it was passed by the Lok Sabha on 30th July 2026 and is yet to receive the President’s assent. This amendment aims to bring the National song ‘Vande Mataram’ on par with the National anthem Jana Gana Mana’. It also requires all six stanzas to be sung, in line with the Home Ministry’s February 2026 directive. This Bill includes a three-year jail sentence for any insult or obstruction to the singing of the song.
Vande Mataram was composed by Bankim Chandra Chattopadhyay in 1876 and later added to his Novel ‘Anandamath’ in 1882. While the first two stanzas describe the landscape of India, the later stanzas invoke the motherland as goddess Durga and Lakshmi, which is at odds with the doctrine of monotheism and the beliefs of other religions. This led to the adaptation of only the first two stanzas during the October 1937 meeting attended by Gandhi, Azad, Bose, and others. But the Modi government has been consistent in ignoring such historical precedents and has focused on enforcing all six stanzas.
According to the NCRB, under the 1971 Act, between 2014 and 2024 there were 1,102 arrests with just 60 convictions. Each year, an average of 48 pending investigations and 221 cases were pending trial. The rate of crime against national symbols per lakh population is very low, and this amendment expands the ambit of criminality with little justification.
This is an attempt to invoke a test of loyalty, certify patriotism, and coerce nationalism through a song, leading to the weaponisation of law by those in power, mistaking obedience for loyalty. Patriotism cannot be measured by singing a song but by adherence to the Constitution.
