Maharashtra’s anti-conversion law takes effect

The law criminalises religious conversions carried out through force, allurement, fraud, inducement or marriage by making it a cognisable offence

MUMBAI: Maharashtra became the 12th Indian state to notify an anti-conversion law, with the controversial Maharashtra Freedom of Religion Act taking effect after the state government published the legislation in its official gazette on July 30. The gazette was published after the legislation was approved by President Droupadi Murmu on July 17, paving the way for its implementation in the state.

The Bill was passed by both houses of the Maharashtra legislature earlier this year. (@CMOMaharashtra)

The law criminalises religious conversions carried out through force, allurement, fraud, inducement or marriage by making it a cognisable offence. This includes interfaith marriages where conversion is alleged to have taken place through such means, particularly if objections are raised by the families of either party.

The law makes unlawful religious conversion a cognisable and non-bailable offence punishable with imprisonment of up to seven years.

Among its most controversial provisions is the requirement that a person intending to convert must give 60 days’ notice to the designated authority. The act also places the burden of proof that the religious conversion was voluntary on the person accused of carrying out the conversion, as well as on anyone alleged to have assisted or aided it.

The legislation has been widely opposed by civil rights groups as a violation of an individual’s right to freedom and personal privacy. It is seen as an attempt to curb interfaith marriages, particularly instances involving a Hindu woman marrying a non-Hindu man, where conversion to the latter’s faith may take place. Civil liberties groups believe the legislation could be misused in various ways, especially to harass interfaith couples.

The Bill was passed by both houses of the Maharashtra legislature earlier this year, with governor Jishnu Dev Varma giving his assent on April 6. It was published in the state’s official gazette on July 30 after it received presidential assent.

“Legal action may now be initiated in cases involving unlawful religious conversions in the state, strictly in accordance with the provisions of the new act,” said a senior official from the state home department.

The legislation is expected to make interfaith marriages difficult. Once an individual provides notice, the designated authority is required to make it public and invite objections within 30 days. They must then conduct a police inquiry into the intention, purpose and circumstances of the proposed conversion. If the inquiry concludes that the conversion is unlawful, criminal proceedings may be initiated.

Under the act, any religious conversion carried out through allurement, coercion, force, misrepresentation, fraud, deceit or other unlawful means is illegal. It also treats as unlawful any religious conversion carried out through the solemnization of a marriage or a relationship on the promise of marriage if such means are used.

The legislation further mandates that the individual or institution conducting the conversion must submit a declaration to the designated authority within 21 days of the ceremony. Failure to do so will render the conversion null and void.

The act also lays down provisions relating to children born of such marriages. It states that such children will be deemed to belong to the religion of the mother before the marriage, and their custody shall ordinarily remain with her unless a court directs otherwise.

The legislation further provides that a child born of such a marriage will have succession rights over the property of both parents in accordance with the applicable laws. It also states that the child shall be entitled to maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The issue of interfaith marriages for the purpose of religion conversion featured prominently in the BJP-led Mahayuti alliance’s campaign during the 2024 Lok Sabha elections. Devendra Fadnavis, then the deputy chief minister, had alleged that instances of forced religious conversions had occurred in several parliamentary constituencies in Maharashtra. Several Hindu right-wing organisations, along with BJP leaders including Nitesh Rane, had campaigned against interfaith marriages.

On Valentine’s Day last year, the Mahayuti government announced a committee, headed by the state director general of police, to examine anti-conversion laws enacted in other states. The committee submitted a draft legislation proposing measures to prevent what it described as fraudulent or forced religious conversions.