Statutory protection
Why in news?
Demands for statutory protection of "Vande Mataram," India's national song, seek to grant it legal status equal to the national anthem "Jana Gana Mana" under laws like the Prevention of Insults to National Honour Act, 1971.
What “statutory protection” means?
- Statutory protection refers to legal safeguards established by statutes or acts of Parliament, providing specific rights and protections in areas like civil services, environment, wildlife, and marginalized communities.
- These protections ensure compliance, prevent arbitrary actions, and promote public welfare.
Key provisions of Prevention of Insults to National Honour Act, 1971
- It prohibits acts like burning, mutilating, defacing, or otherwise disrespecting the Indian National Flag or Constitution in public view.
- Explanations clarify that bona fide criticism is exempt, and specific flag misuse—like wearing it below the waist or printing on undergarments—is covered.​
- Prevents intentional disruption of the National Anthem's singing.
- The Act targets public insults to symbols including the flag, Constitution, anthem, and India's map, but safeguards lawful dissent.
- Courts have interpreted it to balance free speech under Article 19(1)(a) of the Constitution.
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