National symbols, by design, unite people and reflect the shared and aspirational values of the country. They exist above the partisan politics of governments and parties. However, with the passage of a bill that elevates Vande Mataram to the status of the national anthem and makes any insult or obstruction to its singing a punishable offence, the Union government has turned the national song into a polarising text. The bill amended Section 3 of the Prevention of Insults to National Honour Act, 1971, expanding the scope of legal protection to Vande Mataram. The amended law penalises whoever intentionally prevents the singing of Vande Mataram or causes disturbance to its rendition by any assembly.  The punishment of up to three years’ imprisonment, or fine, or both – relevant to the national anthem under the original act – now also applies to the contentious full version of the national song.

Vande Mataram, written by Bankim Chandra Chatterjee and published in his novel Anandamath in 1882, was a rallying cry for patriots during the freedom struggle. Since some of the song’s stanzas have Hindu religious imagery, members of minority communities, especially Muslims, were uncomfortable singing those segments. Taking these apprehensions into consideration, the Congress Working Committee (CWC) in 1937 recommended only the first two stanzas of the song. Last year, while inaugurating celebrations around the song’s 150th anniversary, Prime Minister Narendra Modi claimed that the omission eventually led to the partition of the country – a prejudiced interpretation of a decision that reflected the spirit of the freedom struggle. It was also a statement out of tune with the national ethos. While championing the bill in Parliament, the government invoked Vallabhbhai Patel. Ironically, Patel had supported the 1937 CWC resolution.

The amended law has been framed as a challenge to the minority communities and weaponises the national song. National symbols call for willing compliance; they should not be imposed on people. Mandating the rendition of the song’s six-stanza version undermines the nation’s secular fabric and conflicts with the Constituent Assembly’s intent when it adopted only two stanzas as the national song. The amended bill overrides the vision of the framers of the Constitution of India, the ultimate national symbol. It infringes upon the religious freedom of minority communities. True patriotism is inherently natural and inclusive. It must be cultivated voluntarily rather than imposed through overreach. Forcing compliance through legal coercion or the threat of punitive measures such as imprisonment risks encouraging a culture of political vigilantism. (Source: DH)