The issue of religious conversion has long been a sensitive and debated topic in India, intersecting with constitutional rights, social dynamics, and political ideologies. Maharashtra, like several other Indian states, has passed the Anti-Conversion Bill in the Legislative Assembly on 16th March 2026. This bill is aimed at regulating religious conversions and preventing conversions carried out through coercion, fraud, or inducement.
India’s constitution guarantees freedom of religion under Article 25, which includes the right to “ profess, practice, and propagate” religion. However, this right is subject to public order, morality, and health.
Over the years, concerns have been raised in different States about:
- Forced conversions
- Conversions through inducement (money, jobs, marriage, etc)
- Allegations of ‘Love Jihad’ (a controversial and politically charged term)
Several States such as Uttar Pradesh, Madhya Pradesh, Gujarat, and Himachal Pradesh have already enacted anti-conversion laws. Maharashtra was also exploring similar legislation, especially amid political debates and demands from certain groups.
The Maharashtra Legislative Assembly has passed the “Maharashtra Freedom of Religion Bill 2026” (also known as Dharma Swatantrya Adhiniyam 2026). The legislation aims to prohibit religious conversions carried out through coercion, fraud, allurement, or misrepresentation.
KEY PROVISIONS of the BILL
- Mandatory Notice: Individuals intending to convert must provide a 60-day prior notice to the District Magistrate.
- Post–Conversion registration: Following the ceremony, the converted person and the organiser must submit a declaration to the authorities within 21-25 days. Failure to comply may render the conversion null and void.
- Reporting Rights: Blood relatives, parents, or siblings are empowered to file a police complaint (FIR) if they suspect an unlawful conversion.
- Suo Motu Action: The bill grants police the authority to act on their own initiative (suo motu) without a formal complaint.
- Marriage Annulment: Marriages conducted solely for the purpose of religious conversion can be declared null and void by a competent court.
- Child’s Religion– A child born from a marriage involving ‘unlawful’ conversion is deemed to belong to the mother’s original religion prior to the conversion.
PENALTIES and LEGAL STATUS
Offences under this bill are classified as cognizable and non-bailable.
- General Unlawful Conversion: Imprisonment of up to 7 years and a fine of Rs 1 lakh.
- Vulnerable Categories: If the victim is a minor, a woman, a person of unsound mind, or belongs to the Scheduled Castes/Scheduled Tribes, the punishment is 7 years imprisonment and a fine of up to Rs 5 lakh.
- Mass Conversions: Attracts 7 years of imprisonment and Rs 5 lakh fine.
- Repeat Offenders: Stricter penalties of up to 10 years imprisonment and a fine of Rs 7 lakh.
CRITICISMS and CONCERNS
1 Violation of Fundamental Rights: Critics argue that such laws
- Interfere with personal freedom and autonomy, and restrict the constitutional right to choose one’s religion.
2 Misuse of Law
There are concerns that the law could be misused to harass interfaith couples, and it may target specific religious communities.
3 Impact on Interfaith Marriages
Mandatory declarations and scrutiny may discourage genuine interfaith relationships, and the bill may invade privacy.
POLITICAL & SOCIAL CONTEXT
- Government Stance: CM defended the bill as a measure to protect women from exploitation and ‘love jihad’, stating it does not target any specific community but ensures conversions are voluntary.
- Opposition & Criticism– Congress and NCP (SP) opposed the bill, citing infringements on the right to privacy and personal liberty. Civil society groups have also raised concerns about potential misuse and State surveillance over personal faith.
- Allied Support: The Shiv Sena (UBT) broke ranks with its opposition allies to support the bill in the assembly.
LEGAL and CONSTITUTIONAL PERSPECTIVE
The Supreme Court has earlier held that
- The right to propagate religion does not include the right to convert another person forcibly.
- However, voluntary conversion is protected.
Any anti-conversion law must therefore:
- Balance individual liberty with State interest.
- Avoid excessive State interference in personal choices.
In the end, the Anti-Conversion Bill in Maharashtra reflects a broader national debate on religious freedom, State regulation, and social harmony. While the intent is to curb coercive and fraudulent conversions, the challenge lies in ensuring that such legislation does not infringe upon constitutional rights or personal liberties.
Anil Malik
Mumbai, India
17th March 2026