Why in News
Two landmark legal developments on May 5–7, 2026:
-
Union Cabinet amended the Prevention of Insults to National Honour Act, 1971 to explicitly protect Vande Mataram (National Song) — making insult or obstruction to its singing a criminal offence punishable with up to 3 years imprisonment.
-
Supreme Court expanded the definition of “acid attack victim” under the Rights of Persons with Disabilities (RPwD) Act, 2016, to include survivors who were forcibly made to ingest acid and suffered internal injuries — even without visible external disfigurement. The ruling has retrospective effect from 2016.
Part I — Vande Mataram Protection
Amendment Details
| Feature | Detail |
|---|---|
| Act amended | Prevention of Insults to National Honour Act, 1971 |
| New provision | Insult or obstruction to singing of Vande Mataram = criminal offence |
| Punishment | Up to 3 years imprisonment, or fine, or both |
| Existing provisions (unchanged) | Insult to National Flag: 3 years; Insult to National Anthem: 3 years |
| Approved by | Union Cabinet, May 5, 2026 |
About Vande Mataram
| Feature | Detail |
|---|---|
| Composed by | Bankim Chandra Chatterjee (1882) |
| First song book publication | Published in the novel Anandamath (1882) |
| First sung at | 1896 Indian National Congress session (Calcutta) — sung by Rabindranath Tagore |
| National Song status | Adopted as National Song of India on January 24, 1950 |
| Distinction from National Anthem | Vande Mataram = National Song; “Jana Gana Mana” = National Anthem (Article 51A) |
| Current status | Singing is voluntary; schools required to sing it at least twice a week |
| Constitutional provision | Article 51A(a) — duty to abide by and respect national symbols |
Constitutional and Legal Framework
| Symbol | Legal Protection | Constitutional Basis |
|---|---|---|
| National Flag (Tricolour) | Prevention of Insults to National Honour Act 1971; Flag Code 2002 | Article 51A(a) |
| National Anthem (Jana Gana Mana) | Prevention of Insults to National Honour Act 1971 | Article 51A(a) |
| National Song (Vande Mataram) | Prevention of Insults to National Honour Act 1971 (amended 2026) | Article 51A(a) |
Part II — SC Expands Acid Attack Victim Definition (RPwD Act 2016)
The Ruling
The Supreme Court held that the definition of “acid attack victims” under Schedule I of the RPwD Act, 2016 must be read to include survivors who:
- Were forcibly made to consume/ingest acid (not just those attacked externally)
- Suffered internal injuries (digestive tract, oesophagus, stomach damage) even without external disfigurement
- Had previously been excluded because they bore no visible scars or disfigurement
Retrospective effect: Ruling applies from the date the RPwD Act came into force (October 19, 2016) — all qualifying survivors from 2016 onwards become eligible.
What the RPwD Act 2016 Covers
| Feature | Detail |
|---|---|
| Full name | Rights of Persons with Disabilities Act, 2016 |
| Replaces | Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995 |
| Disabilities covered | 21 specified disabilities (expanded from 7 in 1995 Act) |
| Acid attack victims | Listed in Schedule I as a specified disability category |
| Benefits available | Disability certificate, reservation (4% in government jobs), rehabilitation, compensation |
| Authority | Chief Commissioner for Persons with Disabilities (national); State Commissioners (state-level) |
| UN Convention | Implements UNCRPD (UN Convention on Rights of Persons with Disabilities, 2006); India ratified 2007 |
Why It Matters — Acid Attack Context in India
| Statistic | Data |
|---|---|
| Acid attack cases (NCRB 2022) | ~200+ cases reported annually |
| Underreporting | Significant — many internal injury cases never reported as acid attacks |
| Previous exclusion | Internal injury survivors could not access disability certificates |
| States with highest cases | Uttar Pradesh, West Bengal, Delhi, Odisha |
| IPC provisions | Section 326A (acid attack — min 10 years, max life); Section 326B (attempt) |
| BNS provisions (2023) | Section 124 (acid attack), Section 125 (attempt) |
UPSC Relevance
| Paper | Angle |
|---|---|
| GS2 — Polity | Article 51A, national symbols, Prevention of Insults Act, constitutional duties |
| GS2 — Social Justice | RPwD Act 2016, acid attack victims, disability rights, UNCRPD |
| GS4 — Ethics | State responsibility, dignity, access to justice for marginalised victims |
Mains Keywords: Vande Mataram National Song, Prevention of Insults to National Honour Act 1971, Bankim Chandra Chatterjee, Anandamath, RPwD Act 2016, acid attack victims, UNCRPD, disability certificate, Article 51A, retrospective ruling, Schedule I disabilities
Prelims Facts Corner
| Item | Fact |
|---|---|
| Vande Mataram composed by | Bankim Chandra Chatterjee (1882, in novel Anandamath) |
| First sung | 1896 INC session (Calcutta), by Rabindranath Tagore |
| National Song adopted | January 24, 1950 |
| Punishment (Vande Mataram insult) | Up to 3 years — same as Flag and Anthem |
| Act amended | Prevention of Insults to National Honour Act, 1971 |
| RPwD Act year | 2016 (replaces 1995 Act) |
| Disabilities in RPwD 2016 | 21 specified disabilities |
| SC ruling effect | Retrospective from October 19, 2016 (RPwD Act commencement) |
| UNCRPD ratified by India | 2007 |
| Acid attack IPC section | 326A (attack); 326B (attempt); minimum 10 years |
