Recently Vande Mataram marks 150 years since it was written by the Bankim Chandra Chattopadhyay in 1875. The Union Cabinet led by PM Modi has proposed giving Vande Mataram legal protection equivalent to India’s National Anthem, Jana Gana Mana. This will be proposed by the amendments to the Prevention of Insults to National Honour Act.
Why Vande Mataram Holds Historical Importance
Vande Mataram has played the powerful role during the India’s freedom struggle against British colonial rule. This song became a symbol of resistance, nationalism and unity during the independence movement and it was widely sung by freedom fighters across the country.
It was written originally in Sanskritized Bengali and this song first appeared in Bankim Chandra Chattopadhyay’s novel Anandamath.
Over the time it became deeply associated with the India’s nationalist movement.
When India became a republic in the year 1950, the Constituent Assembly has adopted the Jana Gana Mana as the National Anthem while granting Vande Mataram the status of National Song.
Although this both song were considered symbols of equal national respect but only the National anthem received explicit legal protection under existing laws.
What the Cabinet Proposal Seeks to Change
The Cabinet’s latest proposal aims to amend the Prevention of Insults to National Honour Act so that Vande Mataram also receives same legal protection to Jana Gana Mana.
Currently this law provides penalties for intentional disrespect or disruption during the National Anthem.
However but there is no such legal provisions exist specifically for the Vande Mataram.
If the amendment is implemented, acts considered disrespectful or disruptive during the Vande Mataram could get similar legal consequences as those applicable to the National Anthem.
What Could Be Considered Disrespect Under the Proposed Framework
The legal interpretations under the Prevention of Insults to National Honor Act generally treat the deliberate acts of interruption, mockery or contempt during the National Anthem as punishable.
If Vande Mataram comes under the same framework the actions that may potentially be treated as violations could include,
- Deliberately interrupting the song during the official functions
- Mocking or parodying the song in the derogatory manner.
- Planned organizing disruptions during formal events.
- Also showing the intentional disrespect during institutional or government events
Courts have already held that citizens may be expected to stand respectfully during the National Anthem in the formal settings although compulsory singing has remained legally sensitive.
Possible Penalties Under the Amendment
If the Vande Mataram receives equal legal treatment under the Act the penalties could mirror those already applicable to disrespect towards the National Anthem.
These may include,
- Imprisonment up to three years
- Monetary fine
- Or both imprisonment and fine
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