Maharashtra Introduces Stringent Anti-Conversion Legislation
The Maharashtra government has tabled the Maharashtra Freedom of Religion Bill, 2026, a comprehensive piece of legislation aimed at curbing religious conversions carried out through coercion, fraud, inducement, or marriage. The bill, introduced by Minister of State for Home Pankaj Bhoyar in the state assembly, asserts that forceful and involuntary conversions are on the rise in Maharashtra, necessitating a robust legal mechanism to address the issue.
Key Provisions and Penalties
The proposed law establishes a detailed framework for regulating religious conversions. It mandates that any person intending to convert, as well as any individual or institution organizing a conversion ceremony, must provide a notice at least 60 days in advance to the competent authority. This authority is required to display the details of the proposed conversion on its office notice board and the office of the relevant village panchayat or local authority, inviting public objections within 30 days.
Following the conversion, the converted person and the organizer must submit a declaration to the same authority within 21 days. The bill empowers any person, including parents, siblings, or relatives by blood, marriage, or adoption, to lodge an FIR if they suspect an unlawful conversion, with police mandated to register such complaints.
Penalties under the bill are severe. Individuals involved in illegal conversions face a jail term of seven years and a fine of Rs 1 lakh. For mass conversions, the punishment includes similar imprisonment and a fine of Rs 5 lakh. Repeat offenders can be sentenced to 10 years in prison and fined Rs 5 lakh. The bill explicitly lists inducements such as gifts, employment, free education, better lifestyle, or divine healing as illegal means of conversion.
Controversial Clauses and Legal Burden
One of the most contentious aspects of the bill is the provision regarding children born from marriages or relationships deemed to result from unlawful conversion. It states that any child born out of such a union shall be deemed to belong to the religion of the mother before such marriage or relationship. Additionally, the burden of proof that a conversion was not conducted in violation of the Act lies on the person who caused, assisted, or abetted the conversion.
The bill justifies these measures by referencing the Indian Constitution, noting that the right to freedom of religion is not absolute but subject to reasonable restrictions. It cites Supreme Court rulings that the right to propagate religion under Article 25 does not include the right to forcibly convert another person.
Political Context and Criticism
The legislation follows promises made by BJP leaders during the last assembly election campaign to introduce an anti-conversion law to combat what they term love jihad. However, the bill has faced immediate backlash from civil society groups. Dolphy D'souza of The Bombay Catholic Sabha expressed deep disappointment, stating that the bill was tabled without discussions with affected stakeholders.
It takes away the right to one's conscience to follow the religion of their choice or marry a partner of their choice, D'souza said, urging the opposition to demand that the bill be referred to a Select Committee for review, citing draconian clauses.
Legal Challenges and Precedents
Similar anti-conversion laws in other states have encountered legal hurdles. Civil rights organizations like Citizens for Justice and Peace have challenged such laws in high courts across Karnataka, Uttar Pradesh, Uttarakhand, and Madhya Pradesh. In several instances, courts have stayed sections of these laws, prompting states to appeal to the Supreme Court. This history suggests that Maharashtra's bill may also face judicial scrutiny and potential legal battles.
The bill's introduction marks a significant development in Maharashtra's legislative landscape, sparking debates over religious freedom, individual rights, and state intervention in personal matters. As the assembly deliberates, the outcome will be closely watched by legal experts, civil society, and political observers across the nation.
