Jail for Insulting Vande Mataram? | Prevention of Insults to National Honour Act Explained | StudyIQ

0:00 Jai Hind, everyone.

0:02 The Union Cabinet in the 150th anniversary year of Vande

0:07 Mataram has now accorded another great status to Vande Mataram.

0:12 And as per the recent decision by the government,

0:16 Vande Mataram will now be treated at par with national anthem.

0:21 And this is what the uh Union Cabinet has now approved.

0:25 So, the Union Cabinet has now approved an amendment

0:30 to the Prevention of Insult to National Honors Act 1971,

0:35 making it illegal to obstruct the singing of the national song Vande Mataram.

0:41 Now, this decision aligns Vande Mataram uh to protect uh that of the uh

0:47 to the protection which has been given to the national anthem.

0:51 And now, Vande Mataram will also have the same

0:54 status that is being enjoyed by the national anthem,

0:58 the uh national flag, as well as the Constitution of India.

1:02 Clear?

1:03 So, this act as at present, it protects the national anthem,

1:08 the national flag, and the Constitution of India.

1:11 And as per the provisions of this act,

1:14 creating an obstruction or causing disturbance during

1:17 the singing of national anthem can attract

1:20 a uh an a punishment of imprisonment for up to 3 years or fine or both,

1:27 according to this act.

1:28 Clear?

1:28 So, now the officials have said that uh

1:33 the same status would now be accorded to Vande Mataram,

1:36 and any obstruction to it will now be a punishable offense.

1:40 So, this is a huge step that has been taken.

1:43 Earlier in the in this year,

1:46 the government had proposed singing of Vande Mataram at the official events,

1:51 and all six stanzas of Vande Mataram as in the original form

1:57 were now proposed to be sung at all the major major official events.

2:03 Clear?

2:04 So, previously this issue has been raised many a times.

2:07 Okay?

2:08 Moreover, it was in the early this year that a a statutory status

2:14 was being asked asked for and now the statutory status has been given.

2:19 So, this has been a long-standing demand and various notices have previously

2:25 been introduced in the parliament to provide

2:28 the statutory protection to Vande Mataram

2:31 and it has been said that there has been deliberate attempts to insult

2:36 the national heritage in the form of the national song Vande Mataram.

2:40 Clear?

2:40 So, this indeed is a very proud moment

2:43 for every Indian who holds Vande Mataram very dear.

2:46 Clear?

2:47 Now, previously if we have seen that this protection

2:51 has been given to all six stanzas of Vande Mataram.

2:55 Clear?

2:56 So, all six stanzas will now have the same protection.

2:59 Clear?

3:00 So, this six stanzas Vande Mataram was the original

3:04 Vande Mataram that was written by Bankim Chandra Chattopadhyay.

3:07 Clear?

3:08 And this now the government says that this Vande Mataram shall have to be

3:13 sung first when the national song and national anthem are to be played together.

3:18 SO, IN THE PRECEDENCE also the national song would now come earlier.

3:22 Now, in the recent decision that has been passed the ministry

3:26 has also issued a set of protocols for singing the national song.

3:30 Okay?

3:30 And it has directed that the six stanzas have to be sung

3:34 and the total duration shall have to be 3 minutes and 10 seconds.

3:38 Clear?

3:39 Now, this shall be sung at all

3:41 official functions such as the arrival of president,

3:44 the unfurling of the tricolor, and also upon the speeches of the governor.

3:49 Clear?

3:49 So, when now when the national anthem national

3:52 song and the national anthem are sung or played,

3:55 national song will be sung or it would be played first.

3:59 Clear?

4:00 So, now if we talk about insult to this act, okay?

4:03 So, insult to Vande Mataram now is punishable offense

4:06 as the national song gets the same status as uh Vande Mataram.

4:09 Clear?

4:10 And the Union Cabinet has now approved the same status to it.

4:15 Clear?

4:16 So, making or disturbing or creating

4:19 an obstruction will now be a punishable offense.

4:21 Okay?

4:22 Secondly, what are the specific occasions for singing it?

4:25 So, it has also been a protocol has now been mentioned for it.

4:31 Okay?

4:32 So, for the arrival of president,

4:34 unfurling of the national flag, and civil investiture ceremonies.

4:38 Okay?

4:38 So, at all ceremonies wherein awards, prizes, okay?

4:42 All uh national awards would have to be

4:44 given at those occasions also it would be sung.

4:47 Clear?

4:48 The Ministry of Home Affairs has outlined these protocols to ensure

4:52 uniformity and respect for the national

4:54 song across all government organized functions.

4:58 Clear?

4:58 So, this is the current status.

5:00 The set of protocols have now been laid down clearly.

5:04 Next, the question comes, how does the Supreme Court view the Ministry

5:08 of Home Affairs circular on Vande Mataram?

5:11 So, this was something that was laid down earlier.

5:13 Okay?

5:13 So, previously the Supreme Court had said, okay?

5:16 So, Supreme Court had deemed the Ministry of Home

5:19 Affairs circular regarding Vande Mataram as advisory and not mandatory.

5:23 So, with the current Cabinet approval and amendment to the act

5:28 of the Parliament now this becomes a part of compulsory provisions.

5:33 Clear?

5:34 Now, it was then that the bench of Chief Justice

5:37 Surya Kant and Justice Joymala Bagchi and Vipul Pancholi had

5:41 noted that there was no penal penal consequences prescribed

5:46 for not singing the song and termed the plea as premature.

5:50 Okay.

5:51 So, now this decision is in continuous continuation to the earlier

5:55 circular that was issued by the Ministry of Home Affairs.

5:58 Secondly, now what opposition has said?

6:01 So, opposition has been opposing this, okay,

6:04 because the opposition says that Muslim

6:07 organizations the center has faced criticism

6:10 from opposition parties and Muslim organizations

6:13 for mandating the full rendition of Vande Mataram.

6:16 And according to the opposition or various groups opposing it,

6:20 it says that the entire six stanzas infringes upon the religious freedoms.

6:26 Okay, so groups like Jamat Ulema-e-Hind claims that some

6:29 verses contradict monotheistic beliefs leading to accusations of coercion.

6:35 Clear?

6:36 So, something now these have been viewed

6:39 through the spectacles of religious interpretations and thus

6:43 these stanzas are now being criticized

6:46 and the people have been opposing it for long.

6:49 Okay.

6:50 Next, previous government directives that were issued.

6:53 Now, in January the Union Home Ministry had directed that all six stanzas, okay,

6:58 shall have to be sung and shall have

7:00 to be played along with the national anthem.

7:04 And in this order the Ministry had issued the first set of protocol.

7:07 So, it was 3 minutes and 10 seconds and when

7:09 the national song and national anthem are sung or played,

7:13 national song will be sung or played first, the order read then.

7:18 Okay.

7:19 The assembly where the national song is sung shall stand in attention.

7:24 Okay, so this circular mentions this.

7:26 Moreover, it was in March Supreme Court refused to entertain a plea

7:29 against the circular saying that this directive was advisory and not mandatory,

7:34 but now it becomes a mandatory provision.

7:36 Okay.

7:37 So, these effectively have been the important

7:41 provisions that have come up, okay?

7:43 And now, okay, the center this year

7:46 is observing the 150th year of Vande Mataram.

7:49 Clear?

7:50 So, it was in a resolution adopted

7:52 by the Constituent Assembly on 24th January 1950,

7:55 and it was decided that the composition consisting of the words

7:59 and music known as uh the Jan Gan Man, they were then made the national anthem,

8:04 and subject to such alterations in the words

8:06 as the government may authorize as the occasion arises.

8:10 Clear?

8:11 So, it was then in a resolution that was laid down.

8:14 Vande Mataram, which played a very historic part in struggle for Indian freedom,

8:18 was decided that it shall be honored equally

8:21 with the national anthem and shall have equal status WITH IT.

8:25 BUT SINCE INDEPENDENCE, Vande Mataram has not been given its due.

8:29 That was uh long pending for it.

8:32 Clear?

8:32 So, I hope all of you would have understood these things.

8:35 Moreover, for every examination this year,

8:37 Vande Mataram is an is a very, very important topic,

8:41 just because the 150th year celebrations of Vande Mataram

8:45 are being acknowledged this year by the Union Government.

8:49 Okay?

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9:19 So, this was all from my side today.

9:20 We'll see you all in the next session.

9:22 Jai Hind.