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How Maharashtra Legislature cleared the Freedom of Religion Bill, and why most of the opposition parties did not oppose it


What Happened

  • The Maharashtra Legislature cleared the Maharashtra Freedom of Religion Bill, 2026, making Maharashtra the 13th state in India to enact legislation against forced religious conversions.
  • The bill was passed by the Legislative Assembly on March 16, 2026, and by the Legislative Council on March 17, 2026 — now awaiting Governor's assent for it to become law.
  • Most opposition parties did not oppose the bill, which contributed to its smooth passage through both Houses of the bicameral Maharashtra legislature.
  • The bill prohibits conversions carried out through force, fraud, coercion, misrepresentation, or inducement (including marriage, gifts, employment, or monetary benefits).
  • Penalties range from seven years' imprisonment and ₹1 lakh fine for standard violations, up to ten years for repeat offenders; cases involving minors, women, or SC/ST individuals attract ₹5 lakh fine.
  • All offences under the law are cognisable and non-bailable.

Static Topic Bridges

Freedom of Religion — Articles 25 and 26 of the Constitution

Article 25 of the Constitution guarantees all persons equally the right to freely profess, practise, and propagate religion, subject to public order, morality, and health. Article 26 grants religious denominations the right to manage their own affairs in matters of religion.

  • Article 25(1): Right to profess, practise, and propagate religion — available to all persons (citizens and non-citizens).
  • "Propagate" under Article 25 was interpreted by the Supreme Court in Rev. Stainislaus v. State of Madhya Pradesh (1977) as the right to transmit or spread one's religion by exposition — but NOT the right to convert another person, since that would impinge on the other person's freedom of conscience.
  • Article 25(2): The state may regulate secular activities associated with religious practice and provide for social welfare and reform.
  • Article 26: Religious denominations can manage their own affairs but this is subject to public order, morality, and health.
  • The right to convert another person is not a fundamental right; the state may regulate it in the interest of public order.

Connection to this news: The Maharashtra bill derives its constitutional legitimacy from the Rev. Stainislaus ruling, which established that preventing forced/fraudulent conversions does not violate Article 25 — it protects the freedom of conscience of those being targeted for conversion.


Anti-Conversion Laws in India — Legislative Landscape

Anti-conversion laws (also called Freedom of Religion Acts) are state-level laws enacted under the State List (Entry 1: Public Order) or Concurrent List of the Seventh Schedule, targeting coercive or fraudulent means of conversion — not voluntary conversions.

  • First anti-conversion law in India: Madhya Pradesh Dharma Swatantrya Adhiniyam, 1968.
  • States with anti-conversion laws (as of 2026, after Maharashtra): Odisha, Madhya Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Uttarakhand, Karnataka, Uttar Pradesh, Haryana, Arunachal Pradesh, and now Maharashtra (13th).
  • Common features: Prior notice to District Magistrate before conducting a conversion ceremony; post-conversion reporting within 21-30 days; prohibition on conversion by marriage/allurement/fraud; cognisable and non-bailable offences.
  • Maharashtra bill specifics: 60-day prior notice to DM before conversion; 21-day post-conversion notice; mass conversion up to 7 years imprisonment and ₹5 lakh fine; repeat offenders up to 10 years.
  • These laws operate under the State List — Centre has not enacted a national anti-conversion law (attempts like the Religious Freedom Bill were not passed).
  • Key SC ruling: Rev. Stainislaus v. State of M.P. and Odisha (1977) — upheld state anti-conversion laws as constitutionally valid; clarified that propagating religion does not include the right to convert.

Connection to this news: Maharashtra's bill follows the model of existing state anti-conversion laws. The broad opposition consensus (most parties not opposing it) reflects a bipartisan convergence on the need to prevent coercive religious conversion, though minority groups have raised concerns.


Bicameral State Legislature — Maharashtra's Legislative Process

Maharashtra has a bicameral legislature — the Vidhan Sabha (Legislative Assembly, lower house) and Vidhan Parishad (Legislative Council, upper house). For an ordinary bill to become law, it must be passed by both Houses and receive the Governor's assent.

  • Article 168: Provides for a Legislature for every state; some states have bicameral legislatures.
  • States with bicameral legislatures (6): Andhra Pradesh, Telangana, Karnataka, Maharashtra, Bihar, Uttar Pradesh (and Jammu & Kashmir had one before Reorganisation Act 2019).
  • Vidhan Parishad: Upper house; one-third members retire every two years; members elected by MLAs, local bodies, graduates, teachers, and 1/6th nominated by Governor.
  • For a bill passed by Vidhan Sabha but rejected/amended by Vidhan Parishad: The Vidhan Sabha can pass it again; after a one-month delay, the bill is deemed passed by both Houses (unlike Parliament, where a deadlock requires a joint sitting — states do not have a joint sitting provision; the lower house prevails after one month under Article 197).
  • Governor's assent: A state bill becomes law after Governor's assent under Article 200; Governor may also reserve it for President's consideration.

Connection to this news: The bill's passage through both the Maharashtra Vidhan Sabha (March 16) and Vidhan Parishad (March 17) completes the legislative process — it now awaits Governor's assent under Article 200 to become enforceable law.


Key Facts & Data

  • 13th state: Maharashtra (after passing this bill) to enact an anti-conversion law.
  • March 16, 2026: Passed by Vidhan Sabha; March 17, 2026: Passed by Vidhan Parishad.
  • Penalty: Up to 7 years jail + ₹1 lakh fine (standard); up to 10 years for repeat offenders; ₹5 lakh fine for conversions involving minors, women, SC/ST.
  • 60-day prior notice to District Magistrate required before conversion ceremony.
  • 21-day post-conversion notice to authorities mandatory.
  • All offences: Cognisable and non-bailable.
  • Rev. Stainislaus v. State of M.P. (1977): Landmark SC ruling upholding anti-conversion laws.
  • Article 25: Right to freely profess, practise, and propagate religion — subject to public order, morality, health.