Parliament passed the Prevention of Insults to National Honour Act on December 23, 1971. Barely a generation removed from colonial rule, India since the late 1960s bore signs of erosion of its early idealism. The victory against Pakistan in the Bangladesh War earlier that month had provided a moment of national triumph. The law, which purportedly sought to give legal backing to a Directive Principle of State Policy, criminalised insults to the national anthem, flag and Constitution. Then as now, however, it is likely that few believed that respect and reverence can be enforced through punitive legislation. The law was meant, arguably, to capture a political moment and give expression to it. Now, the Prevention of Insults to National Honour (Amendment) Bill, 2026 — passed in Parliament this week — makes an “insult” to the national song punishable by up to three years’ imprisonment, placing ‘Vande Mataram’ at par with the national anthem. In essence, it is a law in search of a crime. At best, it is superfluous and at worst, a blunt instrument in the hands of an overzealous prosecutorial machinery.

According to data from the National Records Bureau, there were 1,102 arrests under the 1971 Act between 2014 and 2024, with just 60 convictions. Acquittals outpaced convictions each year, and an average of 48 cases were pending investigation and 221 cases pending trial in the same period. The rate of “crimes against national symbols” per lakh population is extremely low. By all accounts, then, the amended law expands the ambit of criminality with little justification. In the current context, too, the government frequently invites accusations of weaponising the criminal justice system to target opponents. The 2026 Amendment can only deepen apprehensions of its misuse.

In the Budget Session, the Union government tabled, and Parliament passed, the Jan Vishwas (Amendment of Provisions) Bill, 2026. It built on the 2023 Jan Vishwas Act by decriminalising and removing several economic offences. That legislative scheme indicated the government’s commitment to its slogan of “minimum government, maximum governance”, especially welcome, given that the state is a litigant in over half the pending cases in India’s overburdened courts. In letter and spirit, the ‘Vande Mataram’ law is a backsliding on that commitment.