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From coercion and fraud to inducement and threats: Maharashtra introduces anti conversion bill with strict punishments, here is what it says

· OpIndia

On Friday, 13th March, the Maharashtra government introduced the Dharma Swatantrya or Freedom of Religion Bill, 2026, in the state Legislative Assembly. The proposed law aims to regulate religious conversions and provide strict punishment for conversions carried out through force, fraud, coercion or inducement. The Bill is expected to be discussed during the ongoing Budget Session of the state legislature.

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The draft legislation was approved by the state Cabinet last week on 5th March, before being introduced in the Assembly by Minister of State for Rural Development Pankaj Bhoyar. The government has said that the proposed law is meant to address increasing instances of forced religious conversions and to protect citizens’ freedom of religion.

According to the Fadnavis government, conversions in some cases are being carried out in an organised manner by influencing people’s consent or targeting vulnerable individuals. In the “objects and reasons” section of the Bill, the government stated that such conversions are sometimes “forceful, involuntary or caused by influencing the free consent of the citizens”. It further says that these activities are often carried out against “gullible persons” and may lead to “disturbance to public order” while also “affecting social harmony”.

The government has argued that existing laws are not sufficient to address these issues. Because of this, a seven-member committee led by the Director General of Police (DGP) was formed to study legal provisions in other states and recommend a law for Maharashtra.

Definitions under the proposed law

According to the media reports, the Bill provides detailed definitions of what will be considered an “unlawful conversion”. As per the proposed bill, conversion from one religion to another using “allurement, coercion, deceit, force, misrepresentation, threat, undue influence or any other fraudulent step” will be treated as illegal.

It also specifically includes “brainwashing through the medium of education” as one of the methods through which unlawful conversion could occur.

The law also defines “mass conversion” as the forced conversion of two or more people at the same time.

The concept of “allurement” has been described broadly in the Bill. It includes offering gifts, money, material benefits, employment opportunities or free education in institutions run by religious organisations. It also includes promises of marriage, a better lifestyle or claims of divine healing.

The Maharashtra draft law expands the scope of allurement further than many other states. It states that attempts to influence someone by glorifying one religion over another, or by portraying the customs, rituals or practices of another religion negatively, may also fall under the category of inducement.

Similarly, the Bill defines “coercion” as forcing a person, family or group to act against their will through physical force or psychological pressure. It includes threats of bodily harm, threats against property, or even warnings of “divine displeasure” and “social ex-communication” or boycott.

Marriages and children’s rights under the proposed law

The proposed legislation also deals with marriages that involve religious conversion. According to the Bill, if a marriage has been carried out solely for the purpose of unlawful religious conversion, a competent court can declare that marriage null and void.

Either party in the marriage will have the right to approach the court and claim that the conversion was done illegally.

The Bill also introduces a specific provision related to children born out of such marriages. Section 5 states that if a child is born from a marriage that involved unlawful religious conversion, the child will be considered to belong to the religion that the mother followed before the marriage or relationship.

This provision is somewhat different from similar laws in other states. In places like Haryana, the focus has mainly been on the inheritance rights of children born from such marriages. However, the Maharashtra Bill clearly defines which religion the child will legally belong to.

The draft law also states that such children will be entitled to maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). In addition, custody of the child will normally remain with the mother unless a court decides otherwise.

The Bill further states that victims of unlawful conversion may receive assistance from the state government for rehabilitation. They will also be entitled to maintenance and the custody of their children.

Procedure for lawful religious conversion

The proposed law outlines a process to be followed if an individual wishes to change his or her religion legally.

According to the Bill, if an individual wishes to convert to another religion, the individual has to give a prior declaration of intention at least 60 days in advance to the District Magistrate or any other authority appointed by the government.

Similarly, if an institution or a religious body wishes to conduct a conversion ceremony, it has to give a prior notice at least 60 days in advance.

Once the declaration is submitted, the competent authority will display the information about the proposed conversion on its notice board as well as on the notice board of the local authority. The purpose is to invite objections from the public.

The public has 30 days to raise objections to the conversion.

If there are any objections to the conversion, the authority may conduct an inquiry by the police. If the inquiry concludes that the conversion is violating the law, the police may take criminal action.

The law also requires that once the conversion has taken place, the converted individual or the individual who performed the ceremony has to make a declaration within 21 days.

If the individual fails to make the declaration, the law will consider the conversion not to have taken place.

Objections and complaints regarding conversion

The Bill has also specified the kind of individual who has the right to make a complaint if they suspect that an illegal conversion has taken place.

Any individual who has converted their parents, their siblings, or any other relative through blood, marriage, or adoption has the right to make a complaint. Once a complaint has been filed, it has to be registered by the officer in charge of the police station.

The case will then be investigated by a police officer of the rank of at least a Sub-Inspector.

The burden of proof rests on the individual who has performed the conversion. In other words, the individual has to prove that the conversion was done voluntarily.

All offences under the proposed law will be cognisable and non-bailable.

Another notable feature of the Bill is that it allows police officers to take action even without a formal complaint. The draft law grants police the power to take suo motu cognisance if they believe that a conversion has taken place in violation of the Act.

The Bill states: “If the police officer is satisfied that the conversion is made or is being made in contravention of the provisions of the Act, then he/she shall take suo motu cognisance of such contravention.”

The law also widens criminal liability. According to Section 12, individuals who execute, endorse or attest documents connected to an unlawful conversion can also be considered to have aided or abetted the offence and may face punishment.

‘Brainwashing through education’ clause

One of the controversial provisions in the Bill is the inclusion of the phrase “brainwashing through the medium of education”.

The proposed law states that conversions carried out through such means could also be treated as unlawful. This phrase does not appear in many similar laws enacted in other states and has therefore drawn attention.

The Bill also authorises the state government to frame detailed rules for implementing the Act. These rules would cover procedures, forms and administrative requirements related to notices, declarations and other aspects of religious conversion.

Any such rules would have to be placed before both Houses of the state legislature for a period of thirty days. The legislature would have the power to modify or cancel them if necessary.

Punishments and penalties under the law

The proposed legislation prescribes strict penalties for unlawful religious conversions. The key punishments mentioned in the Bill include:

  • Up to 7 years of imprisonment and a fine of ₹1 lakh for carrying out unlawful religious conversion.
  • Up to 7 years of imprisonment and a fine of ₹5 lakh if the offence is committed against vulnerable individuals such as minors, women, persons of unsound mind, or members of the Scheduled Castes and Scheduled Tribes.
  • Mass conversions will also attract up to 7 years in prison and a fine of ₹5 lakh.
  • Repeat offenders, including individuals or organisations involved in such activities, may face up to 10 years of imprisonment and a fine of ₹7 lakh.
  • If an organisation is found guilty, the government may cancel its registration, and the person in charge may face 7 years in jail and a fine of ₹5 lakh.
  • The government may also stop financial aid or grants to organisations involved in unlawful conversions.

Provision to address implementation issues

The Bill also includes a provision that allows the state government to issue orders if any difficulties arise while implementing the law.

According to the draft legislation, the government may issue directions through an order published in the Official Gazette to remove such difficulties, as long as the order does not contradict the provisions of the Act.

However, this power will only remain in effect for two years after the law comes into force. Any such order must also be placed before both Houses of the state legislature.

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