SC Rules No Criminal Penalty for Refusing to Sing Vande Mataram on Religious Grounds
The Supreme Court on Tuesday observed that individuals who decline to sing Vande Mataram for religious or conscientious reasons should not face criminal consequences. A three-judge bench led by Chief Justice Surya Kant cited the 1986 Bijoe Emmanuel v. State of Kerala judgment, which protected schoolchildren's right to respectfully stand during the National Anthem without singing it on religious grounds.
Justice Joymalya Bagchi noted that persons whose conscience or religious beliefs are protected under Articles 25 and 26 of the Constitution should not be subjected to criminal penalties merely for not singing the National Song. The court was hearing a petition by Carnatic musician T.M. Krishna challenging the 2026 amendment to the Prevention of Insults to National Honour Act, 1971, which extends penal protection to Vande Mataram and prescribes up to three years imprisonment for intentionally preventing its singing.
The bench clarified it would not decide the form of the National Song, the number of stanzas to be sung, or what national sentiments should be associated with it, leaving such matters to the state.
