What Happened
- The Maharashtra Freedom of Religion Bill 2026 was introduced on March 13 and passed by the Maharashtra state legislature, becoming one of the most detailed anti-conversion statutes in India.
- The Bill bans religious conversions carried out through force, fraud, misrepresentation, allurement, undue influence, or promises of marriage or relationships "in the nature of marriage."
- Any person or organisation intending to conduct a conversion ceremony must notify the competent authority at least 60 days in advance, and post-conversion both the convert and facilitator must submit a declaration within 21 days; failure to submit the declaration renders the conversion null and void.
- Penalties: up to 7 years' imprisonment and Rs 1-5 lakh fine; enhanced to 10 years and Rs 7 lakh fine for conversions involving minors, women, mentally ill persons, SC/ST individuals, or mass conversions, and for repeat offenders.
- Chief Minister Devendra Fadnavis stated the Bill is "not directed against any particular religion" and aims only to prevent coercive conversions; notably, Shiv Sena (UBT), a main opposition party, also expressed support for the law.
Static Topic Bridges
Article 25 and the Constitutional Framework for Religious Freedom
Article 25 of the Indian Constitution guarantees all persons the freedom of conscience and the right to freely profess, practise, and propagate religion, subject to public order, morality, and health. This provision generates a structural tension: the right to propagate religion (held to include persuasive efforts at conversion) versus the right to freedom of conscience (which could be violated by coercive conversion).
- Article 25(1) is available to all persons (citizens and non-citizens), unlike several other fundamental rights.
- Article 25(2) allows the state to regulate or restrict any economic, financial, political, or other secular activities associated with religious practice, and to provide for social welfare and reform.
- Article 26 gives religious denominations the right to manage their own religious affairs.
- The right to propagate religion was interpreted by the Supreme Court in Stainislaus v. State of Madhya Pradesh (1977) as not including the right to convert — the Court held that "propagation" means exposition and persuasion without coercion, and that restricting coercive conversion protects the freedom of conscience of the prospective convert.
- This 1977 ruling established the constitutional validity of state anti-conversion statutes.
Connection to this news: The Maharashtra Bill draws on this constitutional foundation — targeting only conversions by force/fraud/allurement, which the Supreme Court has held falls outside the protected zone of Article 25. The 60-day advance notice requirement and post-conversion declaration are procedural innovations intended to provide a documentary record for enforcement.
Anti-Conversion Laws in India — State Legislation Landscape
There is no central anti-conversion law in India; the field is occupied by state-level "Freedom of Religion Acts." The first such laws were enacted by Orissa (Orissa Freedom of Religion Act, 1967) and Madhya Pradesh (Dharma Swatantraya Adhiniyam, 1968), both upheld by the Supreme Court in the 1977 Stainislaus case.
- States with anti-conversion laws (as of 2026): Odisha, Madhya Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Uttarakhand, Uttar Pradesh, Jharkhand, Karnataka, and now Maharashtra.
- The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 attracted Supreme Court scrutiny in October 2025 — the Court described some provisions as "onerous" and potentially incompatible with the constitutional right to privacy, particularly the requirement to publicly publish personal details of converts.
- Several state laws include marriage-based conversion provisions (so-called "love jihad" clauses), making marriage solemnised solely for the purpose of conversion voidable.
- These laws are subject to ongoing constitutional challenge in the Supreme Court via petitions challenging their chilling effect on genuine conversions and minority religious freedom.
Connection to this news: Maharashtra's Bill is notably detailed — the 60-day advance notice, 21-day post-conversion declaration, and the marriage nullification provisions place it among the most procedurally elaborate state anti-conversion frameworks, likely designed to withstand constitutional scrutiny while creating robust enforcement mechanisms.
Freedom of Religion and Minority Rights — DPSP and Directive Principles
Beyond Part III (Fundamental Rights), the Constitution also contains Article 29 (protection of interests of minorities) and Article 30 (right of minorities to establish and administer educational institutions). The Directive Principles of State Policy under Article 44 envisage a Uniform Civil Code, which intersects with religious personal law matters, including marriage-related provisions in anti-conversion laws.
- Article 14 (equality before law) and Article 21 (right to life and personal liberty, including privacy) have been invoked in challenges to anti-conversion laws, particularly around the right of consenting adults to choose their religion and partner.
- The Supreme Court's privacy judgment (Justice K.S. Puttaswamy v. Union of India, 2017) recognized privacy as a fundamental right under Article 21, forming the basis for challenges to provisions requiring public disclosure of conversion details.
- The National Commission for Minorities (NCM) was established under the National Commission for Minorities Act, 1992, to safeguard minority interests; it has periodically raised concerns about anti-conversion law implementation.
Connection to this news: The Maharashtra Bill's marriage nullification clause and inheritance provisions for children born of such unions will likely face scrutiny under Article 21 (privacy and personal liberty) and Article 14 (non-discrimination) in any constitutional challenge.
Key Facts & Data
- Maharashtra Freedom of Religion Bill 2026: introduced March 13, passed March 2026
- Advance notice requirement: 60 days before conversion ceremony
- Post-conversion declaration: within 21 days (non-submission voids the conversion)
- Base penalty: up to 7 years' imprisonment + Rs 1-5 lakh fine
- Enhanced penalty (SC/ST, minors, women, mass conversion, repeat offense): up to 10 years + Rs 7 lakh fine
- Constitutional basis for anti-conversion laws: Article 25(1) subject to public order, morality, health
- Landmark SC judgment: Rev Stainislaus v. State of Madhya Pradesh (1977) — upheld state anti-conversion statutes
- States with anti-conversion laws (approx.): 10 states, including Maharashtra (newly added)
- Orissa Freedom of Religion Act: 1967 (first state anti-conversion law)