Maharashtra Legislature Unanimously Passes Landmark Anti-Conversion Legislation
In a significant legislative move, the Maharashtra legislature has passed the Maharashtra Freedom of Religion Act 2026 in both houses. The bill was presented in the Legislative Council on March 17 by Minister of State for Home, Pankaj Bhoyar, who described it as a long-awaited law for the state.
Government's Stance on Protecting Religious Freedom
Bhoyar emphasized that the legislation specifically targets coerced conversions while safeguarding individual rights. "The law and the bill that the people of Maharashtra were waiting for over many years are now being brought forward with the courage and resolve shown by the government working under the leadership of Chief Minister Devendra Fadnavis," he stated. He clarified that the Act does not infringe upon the constitutional right to convert voluntarily. "We are not infringing upon anyone's rights. Rather, the provision for such registration is being introduced to ensure whether a conversion has truly taken place voluntarily or not," Bhoyar explained.
Constitutional Basis and Legal Framework
Explaining the constitutional underpinnings, Bhoyar noted that while the Constitution guarantees the right to profess, practice, and propagate religion, this right is not absolute. "If the government feels that someone is carrying out religious conversion through fraud, coercion, or inducement, the Constitution also provides scope for the state government to enact a law against it," he said. The Act defines key terms such as allurement, coercion, fraud, force, enticement, mass conversion, and undue influence to provide clear legal boundaries.
Provisions for Children and Marriages
On the sensitive issue of children born from marriages based on illegal conversions, Bhoyar specified, "The child will be deemed to belong to the mother's original religion." He assured that such children would retain full inheritance rights, and custody would vest with the mother. Additionally, any marriage solemnized for the purpose of illegal conversion may be declared void by a court, and conversions violating the Act shall be deemed null and void.
Strict Penalties and Enforcement Mechanisms
The Act imposes severe penalties for violations. Performing, attempting, assisting, aiding, or instigating an illegal conversion is punishable with seven years of imprisonment and a fine of Rs 1 lakh. Cases involving women, minors, mentally incapacitated persons, Scheduled Castes, and Scheduled Tribes carry imprisonment of seven years and a fine of Rs 5 lakh. Mass conversion violations attract the same imprisonment term with a separate five-year fine provision.
Repeat offenders face even harsher consequences:- Imprisonment of up to 10 years
- Fine of Rs 7 lakh
If an institution commits the offence, its registration shall be cancelled, and the person in charge faces seven years of imprisonment and a Rs 5 lakh fine. The burden of proof rests on the instigator to demonstrate compliance with the law.
Procedural Requirements and Victim Support
The law mandates that any person or institution intending to carry out a conversion or organize a related ceremony must give a 60-day advance notice to the competent authority. Within 21 days of the conversion, a declaration must be submitted to the education officer; failure to do so renders the conversion void. All offences under the Act are cognizable, non-bailable, and triable by a sessions court, with investigations required to be conducted by an officer not below the rank of Deputy Superintendent of Police.
Victims are entitled to comprehensive support, including:- Maintenance from the state government
- Litigation expenses coverage
- Rehabilitation assistance
This legislative framework aims to curb forced religious conversions while ensuring justice and protection for vulnerable individuals in Maharashtra.
