Maharashtra Legislature Unanimously Passes Landmark Anti-Conversion Legislation
The Maharashtra legislature has officially enacted the Maharashtra Freedom of Religion Act 2026, with both houses passing the comprehensive bill that targets coerced religious conversions. Minister of State for Home, Pankaj Bhoyar, presented the crucial legislation in the Legislative Council on March 17, describing it as a long-awaited protective measure for the state's citizens.
Government's Stance on Constitutional Rights and Conversion
Bhoyar emphasized that the legislation specifically addresses forced conversions while preserving individual religious rights. "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," he stated categorically during the legislative proceedings.
Explaining the constitutional foundation, 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 elaborated.
Key Provisions and Legal Framework of the Act
The Act establishes clear definitions for prohibited activities including:
- Allurement and coercion
- Fraud and force
- Enticement and undue influence
- Mass conversion activities
Performing an illegal conversion, attempting such conversion, or assisting in these activities constitutes a punishable offence under the new law. Any conversion conducted in violation of the Act shall be declared legally void, and marriages solemnized specifically for illegal conversion purposes may be annulled by court order.
Mandatory Procedures and Registration Requirements
The legislation imposes strict procedural requirements:
- Any person or institution planning a conversion must provide 60-day advance notice to competent authorities
- A formal declaration must be submitted to the education officer within 21 days following conversion
- Failure to comply with these requirements renders the conversion legally void
Severe Penalties and Enforcement Mechanisms
The Act establishes stringent penalties for violations:
- General violations: Seven years imprisonment with Rs 1 lakh fine
- Cases involving women, minors, mentally incapacitated persons, SC/ST communities: Seven years imprisonment with Rs 5 lakh fine
- Mass conversion violations: Same imprisonment term with additional five-year fine provision
- Repeat offenders: Ten years imprisonment with Rs 7 lakh fine
- Institutional violations: Registration cancellation with person in charge facing seven years and Rs 5 lakh fine
Legal Protections and Special Provisions
The law includes several protective measures:
Children born from marriages based on illegal conversions will be deemed to belong to the mother's original religion, while retaining full inheritance rights with custody vested with the mother. The burden of proof rests on the instigator to demonstrate compliance with the law's provisions.
All offences under the Act are cognizable, non-bailable, and triable by sessions courts. Investigations must be conducted by officers not below Deputy Superintendent of Police rank. Victims are entitled to maintenance, litigation expenses, and rehabilitation assistance from the state government.
Political Context and Government Perspective
Bhoyar credited the Devendra Fadnavis-led government for demonstrating the courage and resolve to implement this legislation. "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 declared during the legislative session.
The comprehensive legislation represents Maharashtra's firm stance against forced religious conversions while attempting to balance constitutional religious freedoms with state protection mechanisms against coercion and fraud in matters of faith.
