Maharashtra's Proposed Anti-Conversion Law to Render Coerced Marriages Null and Void
MUMBAI: The Maharashtra cabinet has cleared a draft anti-conversion law that will declare marriages conducted through inducement, deceit, or coercion as null and void, according to government sources. The legislation, to be named the Maharashtra Freedom of Religion Act 2026, is set to be presented before the ongoing legislative session for approval.
Complaint Mechanism and Legal Process
Under the proposed law, any blood relative of the affected parties will have the authority to file a formal complaint with the district magistrate. The magistrate will conduct a thorough inquiry into the details of the marriage to determine if it involved forcible or deceitful conversion. Upon reaching a conclusion, the matter will be referred to the local police for appropriate legal action against those involved in the conversion process.
Constitutional and Legal Foundations
Sources revealed that a government-appointed panel extensively examined Article 25 of the Indian Constitution, which guarantees freedom of religion, while drafting the law. The panel also reviewed past Supreme Court orders, particularly those emphasizing protection from conversion through coercion, inducement, and fraudulent means. Additionally, the draft incorporates insights from similar laws enacted by other Indian states to ensure robustness and legal soundness.
Penalties and Political Context
Once enacted, the new law will include stringent arrest provisions, with offenders facing a maximum punishment of seven years imprisonment and a fine. The definition of offenders encompasses all individuals involved in the forcible or deceitful conversion process. This move addresses long-standing concerns raised by BJP leaders, who have aggressively highlighted inter-religious marriages, often terming them as 'love jihad'—a controversial phrase linking such unions to minority communities marrying individuals from the majority community.
Unresolved Scenarios and Safeguards
The sources did not provide clarity on situations where a woman, not under the age of consent, enters an inter-religious marriage willingly but faces opposition from her family. However, they emphasized that the Constitution and Supreme Court orders not only protect freedom of religion but also allow states to adopt necessary safeguards against forcible conversion. The proposed law aims to ensure these protections are effectively implemented in Maharashtra.
In summary, the Maharashtra Freedom of Religion Act 2026 seeks to combat conversions through coercion and deceit by invalidating resulting marriages and imposing severe penalties, while upholding constitutional principles and judicial precedents.
