Maharashtra has imposed a stringent law to prevent religious conversions carried out through force, fraud, coercion, misrepresentation or inducement, with imprisonment and heavy fines and enhanced punishment for repeat offenders.
The legislation is also to provide a specific legal framework for taking action against unlawful religious conversions, while protecting the constitutional right to freedom of religion, Chief Minister Devendra Fadnavis said.
The new law has a comprehensive process for those who want to convert voluntarily and fines for individuals, groups and institutions that have been found to have carried out or assisted in unlawful conversions.
Conversion by force, fraud, coercion, deception or inducement can be punished by law. Depending on the nature of the offence and its circumstances, imprisonment can be up to seven years and fines up to ₹5 lakh.
The legislation also gives more severe punishment to repeat offenders. If a person is convicted again under the law, he or she could face up to 10 years in prison and the financial penalty.
The law is meant to distinguish between voluntary religious conversion and conversion allegedly conducted through unlawful means. The Maharashtra government argues that the legislation is meant to prevent coercion and fraud in order to protect genuine religious choice.
One of the major provisions requires a person wishing to change their religion voluntarily to have advance notice to the competent authority. The conversion should be communicated to the District Magistrate or another authorised authority at least 60 days in advance.
The advance notice requirement is in place because it allows authorities to evaluate whether the proposed conversion is voluntary and free from coercion, fraud or unlawful inducement. The law also provides rules of declarations and verification related to the conversion process.
The notice provision has attracted attention because it entails a formal administrative process before a person can change their religion. Supporters of the legislation have argued that the requirement promotes transparency and helps authorities identify cases involving coercion or deception.
However, there are concerns that the disclosure of a conversion is anticipated to have an impact on someone's privacy and may also expose them to social pressure or objections. The legal and constitutional implications of these provisions can be examined through judicial challenges.
Another interesting provision concerns children born from marriages linked to an unlawful religious conversion. A child born from a marriage arising from an illegal conversion will be considered to follow the religion that the mother practised before the marriage or conversion.
The provision has been controversial because it concerns the religious identity of children in marriages associated with conversions that are later found to be unlawful.
It also provides for action against institutions found guilty of involvement in unlawful religious conversions. Organisations and institutions may face penalties and may be restricted or banned in accordance with the law and the competent authorities’ findings.
The government has said that the law will govern cases in which religious conversion is purported to be conducted through threats, false promises, financial inducements, deception or other prohibited means.
Chief Minister Fadnavis has argued that existing provisions under the Bharatiya Nyaya Sanhita were not sufficiently detailed to deal with allegations of forced or fraudulent conversions and that a dedicated legal framework was required.
The Maharashtra government has also maintained that the legislation does not prohibit voluntary conversion. Instead, it seeks to establish procedures to verify that a person’s decision has been made freely and without unlawful influence.
The law is expected to have important implications for individuals, religious organisations and institutions involved in conversion-related activities.
Authorities will be responsible for following notice, verification and investigation procedures as per the law. Cases of force, fraud or inducement will be handled in line with the new law.
The enforcement of the law places Maharashtra among the Indian states that have enacted specific laws on religious conversions. Similar laws in other states have generated legal and political debate over the balance between preventing coercion and protecting individual freedom of religion.
The Constitution guarantees freedom of conscience and the right to profess, practise and propagate religion, subject to public order, morality, health and other constitutional provisions. The interpretation and application of Maharashtra's new law may therefore remain subject to judicial scrutiny.
Supporters of the legislation have described it as a measure to protect vulnerable individuals from coercion, deception and exploitation. Critics have expressed concern about the effects of the law on personal liberty, privacy and interfaith relationships.
The government has maintained that legal and voluntary religious choices will remain protected while conversions that violate the law will be punished severely.
With provisions for advance notice, imprisonment, financial penalties and enhanced punishment for repeat offences, Maharashtra’s new anti-conversion law will become a major subject of legal and political discussion in the state.
The implementation of the law and interpretation by investigating agencies, administrative authorities and courts will determine its long-term impact on religious conversion procedures and individual rights in Maharashtra.
