Maharashtra Freedom of Religion Bill 2026: Anti-Conversion Legislation Introduced
The Maharashtra government introduced the Maharashtra Freedom of Religion Bill, 2026 in the state legislative assembly on March 13, 2026, targeting forced and fraudulent religious conversions
The Bill proposes up to 7 years' imprisonment and a ₹1 lakh fine for unlawful conversions; cases involving minors, women, persons of unsound mind, or SC/ST members attract up to 7 years' imprisonment and a ₹5 lakh fine
Conversions on the pretext of marriage would attract 7 years' imprisonment and a ₹1 lakh fine; mass conversions and repeat offences can attract up to 10 years and a ₹7 lakh fine
The Bill requires anyone planning a conversion ceremony to notify the "competent authority" at least 60 days in advance, with the notice published locally and objections invited within 30 days
Maharashtra currently has no such law; it would join at least 9 other states that have enacted similar anti-conversion legislation
Constitutional Framework: Article 25 and Freedom of Religion
Article 25(1) of the Constitution provides that "all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion" — subject to public order, morality, and health. The "propagate" right has been interpreted by the Supreme Court in Rev. Stainislaus v. State of Madhya Pradesh (1977) as not including a right to "convert" others — a crucial distinction that forms the constitutional basis for anti-conversion laws.
Maharashtra's Bill rests on the Stainislaus precedent — the argument is that the Bill protects individual freedom of conscience from coercive or fraudulent conversion, not that it restricts genuinely voluntary conversion.
Anti-Conversion Laws in India: State Landscape
Anti-conversion legislation in India is a state subject (Entry 1 of State List — public order) rather than a central subject, which is why individual states have enacted these laws. Maharashtra's Bill would be the 10th such state law in India.
Maharashtra's timing — introducing the Bill while the ruling Mahayuti alliance (BJP-Sena-NCP) holds power — and its specific provision on conversions "on the pretext of marriage" mirrors provisions in UP's law that have attracted constitutional controversy.
Freedom of Religion vs State Regulation: Judicial Tests
Courts examining anti-conversion laws apply a two-stage test: (1) whether the restriction on religious activity is prescribed by law; and (2) whether it falls within the permitted limitations in Article 25(1) — public order, morality, health, or other provisions of Part III. "Coercive" or "fraudulent" conversion is generally considered to harm public order and the individual's freedom of conscience, making restrictions on such conversions constitutionally permissible.
Key Details
- "Public order" in Article 25: interpreted by courts as including prevention of social tensions from coercive conversions
- The definition of "allurement" and "undue influence" in anti-conversion laws has been contested — whether non-monetary benefits (healthcare, education provided by religious organisations) constitute "allurement"
- Conversion notice requirements: courts have upheld pre-conversion notice to the state as a regulatory measure; but mandatory government permission has been struck down in some cases as excessive restriction on Article 25
- The Jahangirpuri judgment and Kerala High Court decisions have contributed to jurisprudence on what conversion regulation is constitutionally permissible
The Maharashtra Bill's 60-day advance notice requirement and publication of notice inviting objections will almost certainly face constitutional challenge — the question is whether such advance notice imposes an unconstitutional chilling effect on voluntary conversion.
- Bill introduced: March 13, 2026, Maharashtra Legislative Assembly
- General penalty: 7 years + ₹1 lakh fine
- Enhanced penalty (minors, women, SC/ST): 7 years + ₹5 lakh fine
- Conversion via marriage pretext: 7 years + ₹1 lakh fine
- Mass conversion/repeat offence: up to 10 years + ₹7 lakh fine
- Advance notice required: 60 days to competent authority
- Constitutional basis: Rev. Stainislaus v. State of M.P. (1977); Article 25(1)
- States with existing anti-conversion laws: 9 (before Maharashtra) — Odisha (1967) is oldest
- Maharashtra's current status: no anti-conversion law before this Bill