What Happened
- The Maharashtra Cabinet (Mahayuti government) approved a draft anti-conversion bill titled the "Maharashtra Dharma Swatantrya Adhiniyam, 2026" (Maharashtra Freedom of Religion Act, 2026).
- Under the draft, any person intending to convert to another religion must give a 60-day advance notice to a designated authority and obtain official permission before the conversion can take place.
- Conversions carried out through force, fraud, or allurements will be made non-bailable offences, with provisions for arrest without easy bail.
- The bill is to be tabled in the Maharashtra Legislature during the ongoing Budget Session; a Government Resolution (GR) will be issued thereafter.
- The law has drawn both support (as protection against coercive conversions) and opposition (as restricting individual religious freedom guaranteed under Article 25 of the Constitution).
Static Topic Bridges
Article 25 and the Right to Freedom of Religion
Articles 25–28 of the Indian Constitution collectively guarantee freedom of religion as a fundamental right. Article 25 gives "all persons equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion" — subject to public order, morality, and health.
- The right to "propagate" religion does not include the right to convert — this distinction was established by the Supreme Court in Rev. Stainislaus v. State of Madhya Pradesh (1977), a landmark ruling that upheld early anti-conversion statutes.
- The Court held that restrictions on coercive conversions are constitutional because forcible conversion impinges on the "freedom of conscience" of the individual being converted.
- Article 25(2) allows the State to regulate secular activities associated with religious practice and provide for social welfare and reform.
- Article 26 gives religious denominations the right to manage their own affairs in matters of religion.
Connection to this news: Maharashtra's bill invokes the Article 25 distinction between voluntary and coerced conversion. The 60-day notice and prior permission requirements aim to create a verification mechanism — but critics argue the requirement itself burdens the right to freely profess religion.
History of Anti-Conversion Laws in India
Anti-conversion legislation in India has a history spanning over five decades. The laws are often called "Freedom of Religion Acts" — a term that frames the statutes as protecting converts from coercion rather than restricting conversions per se.
- Orissa Freedom of Religion Act, 1967: First state anti-conversion law in independent India.
- Madhya Pradesh Dharma Swatantrya Adhiniyam, 1968: Second such law; upheld by the Supreme Court in 1977.
- States with active anti-conversion laws: Uttar Pradesh (Uttar Pradesh Prohibition of Unlawful Religious Conversions Ordinance, 2020 — among the strictest), Himachal Pradesh, Gujarat, Uttarakhand, Madhya Pradesh, Jharkhand, and Karnataka (enacted 2021, partially struck down 2023).
- The common features across these laws: prohibition on conversion by force/fraud/allurement; notice requirements to designated authority; penalties for officiating religious figures who facilitate unlawful conversion.
- The Supreme Court has reviewed some of these laws and noted in 2022 that certain provisions may "seem to be violative of Article 25."
Connection to this news: Maharashtra's bill follows the national trend of states enacting religion-based conversion regulation. Being a proposed law with a 60-day notice — one of the stricter procedural requirements — it is likely to face judicial scrutiny similar to UP's law.
Federalism and State Legislation on Religion
In India's constitutional scheme, "public order" and "law and order" are State List subjects (Entry 1, List II, Seventh Schedule). Anti-conversion laws are enacted by states under this power, arguing that coercive conversions create public order disturbances.
- The Supreme Court in Rev. Stainislaus (1977) specifically held that conversion-related provisions fall within state legislative competence as they pertain to public order.
- However, religion itself is not a State List subject — Entry 97 (residuary powers) and Union List Entry 10 (treaties with foreign countries affecting religion) give the Centre jurisdiction over some religious matters.
- Parliament has not enacted a national anti-conversion law — attempts in the 1970s were not pursued.
- The Maharashtra bill must undergo legislative scrutiny, potential presidential assent (if it touches Union List matters), and possible judicial review.
Connection to this news: The Maharashtra bill's constitutional validity will hinge on whether its notice and permission requirements are seen as reasonable restrictions under Article 25(1) or disproportionate burdens on religious freedom — a question likely to return to the Supreme Court.
Key Facts & Data
- Bill title: Maharashtra Dharma Swatantrya Adhiniyam, 2026 (Maharashtra Freedom of Religion Act, 2026)
- Key provision: 60-day advance notice + permission from designated authority before conversion
- Offence for coercive conversion: Non-bailable; arrest provision included
- Legislative timeline: Tabled in Maharashtra Budget Session; GR to follow
- First anti-conversion law in India: Orissa Freedom of Religion Act, 1967
- Landmark Supreme Court case: Rev. Stainislaus v. State of Madhya Pradesh (1977) — upheld anti-conversion laws as constitutionally valid
- Constitutional basis for fundamental right: Article 25 (Freedom of conscience and free profession, practice, and propagation of religion)
- Key restriction: Article 25 rights subject to public order, morality, and health
- States with similar laws: UP, Himachal Pradesh, Gujarat, Uttarakhand, Madhya Pradesh, Jharkhand, Karnataka