The story so far:
The Maharashtra Freedom of Religion Bill, 2026, was passed by both Houses of the Maharashtra Legislature a few days ago. The Bill has been opposed by several civil society organisations, which have expressed apprehensions about the State encroaching on the personal liberty of its citizens. They claim that the Bill violates the fundamental rights enshrined in the Constitution.
What is the Maharashtra Freedom of Religion Bill?
The Maharashtra Freedom of Religion Bill, 2026, has been defined as “a Bill to provide for protection of right to freedom of religion and prohibition of unlawful conversion from one religion to another, and for matters connected therewith or incidental thereto.” It aims to prohibit conversions carried out through allurement, misrepresentation, force, undue influence, coercion, or any other fraudulent means.
It lays down an elaborate procedure for conversion, including a declaration of intent with 60-days’ prior notice. A post-conversion declaration is also required.
What are the key provisions?
Under the proposed Act, it is mandatory for the police officer to register a complaint even if the relatives of the converted person approach them. The complainant may be the converted person, or their parents, siblings, or any other person related by blood, marriage, or adoption.
Any marriage solemnised solely for unlawful conversion shall be declared null and void by the court, on a petition filed by either party. Any child born out of such a marriage or relationship belongs to the religion of the mother before such a marriage or relationship. The child will have succession rights to the property of both parents as per the prevailing laws. Maintenance will have to be given, and custody will remain with the mother unless decided otherwise by a court.
What punishment is proposed under the Bill?
Punishments for violation include imprisonment of up to 10 years and a fine of up to ₹7 lakh. Offences under the Bill will be cognisable and non-bailable.
The offence of unlawful conversion is punishable with up to seven years’ imprisonment and a fine of ₹1 lakh. If the person converted is a minor, a woman, a person of unsound mind, or belongs to the Scheduled Castes or the Scheduled Tribes, the punishment increases to seven years’ imprisonment and a fine of ₹5 lakh.
Mass conversions will attract similar penalties. Repeat offenders may face imprisonment of up to 10 years and a fine of ₹7 lakh. Institutions found guilty of forced conversions may face cancellation of registration and withdrawal of government aid or grants. Office-bearers may also face imprisonment of up to seven years and a fine of ₹5 lakh. Victims will be entitled to rehabilitation, maintenance, and custody of children.
Is Maharashtra the only State to propose such an enactment?
No. As per the information given by Maharashtra Chief Minister Devendra Fadnavis in the Legislative Assembly, 12 states have so far brought about a law against forcible conversions. These include Odisha, Arunachal Pradesh, Gujarat, Chhattisgarh, Jharkhand, Uttarakhand, Himachal Pradesh, Uttar Pradesh, Madhya Pradesh, Haryana, Karnataka, Rajasthan. “Tamil Nadu has passed it too, but it hasn’t yet implemented it,” he said, adding that the legislation is applicable to all the religions.
What are the concerns raised?
Concerns have been raised on several grounds, including the lack of empirical evidence to justify such legislation, the social implications of the 60-day prior notice requirement, the curtailment of the individual’s right to freedom of religion, and administrative overreach into personal matters.
Last year, the State government appointed a seven-member special committee under the Director General of Police to study legal issues related to religious conversion. Its report has not yet been made public, though the government has said that the committee recommended enacting a special law.
Opposition leaders have termed the Bill ‘regressive’ and alleged that it targets a particular community.
Since offences under the Bill are non-bailable, civil rights activists have expressed concerns that it may target interfaith marriages and minority religious practices. They also fear the intervention of families and vigilante groups in pressuring consenting adult couples.
“In any case, this places State surveillance over deeply personal decisions related to faith and marriage,” a civil rights activist said.
Bureaucrats have also raised administrative concerns. “There is no established certification system for religions right now. We will have to develop a system. This is an administrative concern. We will have to look into what are the models that other States have developed. An entire gamut of administrative mechanisms will have to be created,” a senior IAS officer said, adding that the revenue authorities will now come into the picture for matters of marriage and personal laws, which were managed by the civil courts so far. “Personal law is increasingly becoming a matter of administrative authorities. This creates a complication for marriages out of free will too,” an IAS officer said.
How has the State government addressed these apprehensions?
The government has said that the right to freedom of religion is not absolute. It has also been said that the cases of forcible religious conversions have been increasing in the State, and that the government does not currently have effective laws to tackle the law and order issues arising out of them.
“These instances are causing disturbance to public order in the State and are affecting social harmony,” Chief Minister Fadnavis has said.
Published – March 29, 2026 10:38 pm IST
