SC Protects Conscientious Objectors in Vande Mataram Case

SC Protects Conscientious Objectors in Vande Mataram Case

The Supreme Court sought the Union Government's response to a constitutional challenge concerning the 2026 amendment to the Prevention of Insults to National Honour Act, 1971, and directions relating to singing Vande Mataram. The petition was filed by Carnatic musician T.M. Krishna under Article 32 and challenges provisions extending penal protection to the National Song as well as government directions concerning its performance. During the hearing, the Bench referred to the Supreme Court's earlier decision in Bijoe Emmanuel v. State of Kerala, whicha recognised protection for conscientious objectors who declined to sing the national anthem on genuine religious grounds. The Court indicated that it expected the constitutional principle recognised in Bijoe Emmanuel to continue governing the issue and observed that a person exercising protected religious or conscientious objection should not face criminal consequences merely for declining to sing. The Court also stated that determining the content or form of the National Song is primarily a matter for the democratic State. The proceedings therefore involve Article 25 rights, freedom of conscience, secularism, compelled expression and the limits of criminalisation under national-honour legislation.