The Union Cabinet has proposed amending the Prevention of Insults to National Honour Act, 1971, to extend legal protection to Vande Mataram, similar to the National Anthem.
The proposed amendment aims to provide Vande Mataram the same legal protection as Jana Gana Mana (National Anthem).
It seeks to make any insult or obstruction to the singing of Vande Mataram a punishable offence.
At present, the Prevention of Insults to National Honour Act, 1971 penalises disrespect to the National Flag, the Constitution of India, and the National Anthem.
Under the existing law, intentional disrespect to these symbols is punishable with imprisonment up to three years, a fine, or both.
There is currently no specific legal provision under the Act for the protection of the National Song Vande Mataram.
Vande Mataram was written by Bankim Chandra Chattopadhyay and published in his novel Anandamath in 1882.
The novel Anandamath is set against the backdrop of the Sannyasi Rebellion in the late 18th century.
In 1937, the Indian National Congress (INC) adopted the first two stanzas of Vande Mataram for official use.
The Constitution of India accorded Vande Mataram the status of the National Song.
The Union Ministry of Home Affairs (MHA) issued instructions stating that all six stanzas (around three minutes) may be sung or played at official events.
The MHA also stated that the National Song should be given precedence before the National Anthem in events where both are played.
However, the MHA guidelines are advisory in nature and do not have statutory backing.