Maharashtra Anti-Conversion Law Raises Liberty Concerns Debate
Maharashtra Anti-Conversion Law Raises Liberty Concerns Debate
Why in the News ?
The Maharashtra Freedom of Religion Bill, 2026 has been passed by the State Legislature, triggering debates over religious freedom, personal liberty, and State intervention. Civil society groups have raised concerns, while the government defends it as necessary for public order. The law’s provisions, including ex post facto declarations and prior notice requirements, have drawn comparisons to regulatory frameworks in environmental jurisprudence and principles of environmental democracy.
Key Provisions of the Anti-Conversion Law:
- The Bill aims to prohibit unlawful religious conversions through force, coercion, allurement, misrepresentation, or fraud.
- It mandates a 60-day prior notice to authorities before conversion, along with a post-conversion declaration, similar to how environmental clearances require prior approval and post facto compliance reporting under the EIA notification.
- Complaints can be filed not only by the converted individual but also by parents, relatives, or related persons.
- Marriages done solely for conversion can be declared null and void by courts, raising concerns about retrospective application similar to debates around retrospective environmental clearances and ex-post approvals.
- Children from such marriages will retain inheritance rights, with custody generally assigned to the mother.
Punishments and Enforcement Mechanism
- Offences under the law are cognisable and non-bailable, indicating strict enforcement akin to violations under the Forest Conservation Act and Coastal Regulation Zone norms.
- Unlawful conversion: Up to 7 years imprisonment + ₹1 lakh fine.
- If victims are women, minors, SC/ST, or persons of unsound mind:
○ Punishment increases to 7 years + ₹5 lakh fine.
- Mass conversions and repeat offences:
○ Up to 10 years imprisonment + ₹7 lakh fine.
- Institutions involved may face:
○ Cancellation of registration
○ Withdrawal of government aid
- Victims are entitled to rehabilitation, maintenance, and child custody rights, reflecting principles similar to the polluter pays principle where violators bear responsibility for harm caused.
| About Constitutional & Legal Issues: ● Article 25 (Fundamental Right): Guarantees freedom of conscience and religion, subject to public order, morality, and health. ● Reasonable Restrictions: State can regulate or restrict practices affecting public order or social welfare. ● Key Legal Debate:○ Whether conversion laws violate individual autonomy and right to privacy (Article 21) ● Concerns Raised:○ State surveillance in personal decisions like faith and marriage○ 60-day notice requirement may expose individuals to social pressure or harassment○ Risk of targeting interfaith marriages and minorities○ Administrative overreach into personal laws traditionally handled by courts ● Government’s Justification:○ Rise in forcible conversions disturbing law and order○ Need to ensure social harmony and prevent exploitation ● Comparative Context:○ Similar anti-conversion laws exist in Uttar Pradesh, Madhya Pradesh, and Gujarat |