How Maharashtra’s Dharma Swatantrya Bill seeks to curb unlawful religious conversions

The Maharashtra government on Friday introduced the Dharma Swatantrya or Freedom of Religion Bill, 2026, in the Legislative Assembly to regulate religious conversions and provide for punitive action. The draft Bill, which was approved by the state Cabinet last week, is likely to be considered during the ongoing Budget Session. Stressing the need to legislate, the Maharashtra government states in the objects and reasons that religious conversions are increasing, being “forceful, involuntary or caused by influencing free consent of the citizens”, and carried out against “gullible persons” in an organised manner by various institutions. Such instances cause “disturbance to public order” and “are affecting social harmony,” requiring state protection as existing laws were “not sufficient,” the Bill states. Therefore, the government constituted a seven-member committee led by the Director General of Police (DGP) to examine legal issues and laws in other states and recommend the Maharashtra Freedom of Religion Act, 2026. In the last eight years, nine mostly BJP-ruled states have passed similar laws to prevent forcible marriage and conversion of Hindu women, to curb purported “love jihad”. Definitions under the law The proposed Maharashtra law describes “unlawful conversion as conversion from one religion to another using allurement, coercion, deceit, force, misrepresentation, threat, undue influence or any other fraudulent step, including “brainwashing through the medium of education”. Mass conversion is defined as the forced conversion of two or more persons at the same time. The concept of “allurement” under the Bill includes any temptation such as gifts, gratification, easy money or material benefit in cash or kind, employment, free education in institutions run by religious bodies, promise of marriage, better lifestyle and divine healing. In contrast to other states, the proposed Maharashtra law expands the scope of “allurement” to include glorification of one religion over another and the portrayal of customs, rituals, ceremonies or any part of a religion in a harmful manner compared with another. Coercion under the Bill includes compelling an individual, family or group to act against their will through psychological pressure or physical force, causing bodily injury or threats. Such threats include those against life, or property of related persons as well as “divine displeasure” and “social ex-communication” or boycott. Marriages, children’s rights under the law The Bill provides that any marriage undertaken solely for unlawful religious conversion shall be declared null and void by a competent court. A plea may be made by either party to the marriage alleging unlawful conversion by the other. Section 5 of the proposed law stipulates a unique provision that a child born out of a marriage due to unlawful conversion shall be deemed to belong to the religion followed by the mother before such a marriage or relationship in the nature of marriage. While other states, including Haryana, prescribe inheritance rights of children born from such marriages, the Maharashtra Bill expressly defines the child’s religion. The child will also be entitled to maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the child’s custody shall remain with the mother unless the court directs otherwise. The Bill also provides that victims may be provided assistance by the state government for rehabilitation and shall be entitled to maintenance and custody of children. Procedure for lawful conversion The Bill stipulates a procedure for lawful conversion through prior declaration of intention by persons wishing to change religion. Under the proposed law, a person intending conversion or any institution organising a conversion ceremony must give a 60-day prior notice to the District Magistrate or another competent authority recognised by the government. The authority must notify of the proposed conversion on its notice board along with that of the local authority and invite objections within thirty days. If objections are received, it may order a police enquiry and direct the police to initiate criminal proceedings if violations are found. The law further prescribes that the converted person or the institution organising the ceremony must submit a declaration to the competent authority within twenty-one days from the date of conversion. This declaration must contain details of the converted person, the date and place of conversion and the nature of the process followed. Failure to submit such a declaration would render the conversion null and void. Objections to conversion Under the proposed law, a complaint alleging unlawful conversion may be filed by the converted person, parents, siblings or any other person related by blood, marriage or adoption. The officer in charge of the police station is mandated to register such a complaint. It will be investigated by an officer not below the rank of Sub-Inspector of Police. The proposed law places the burden of proving voluntary, non-coercive conversion on the person causing or aiding it, and makes offences cognisable and non-bailable. The Bill provides for seven years’ imprisonment and a fine of Rs. 1 lakh for unlawful conversion. The fine increases to Rs. 5 lakh if the offence is committed against a person of unsound mind, a minor, a woman or a person belonging to the Scheduled Castes or the Scheduled Tribes. Mass conversions will also attract seven years’ imprisonment and a fine of Rs. 5 lakh. For repeat offenders, including individuals or organisations, the Bill stipulates a stricter jail term of ten years and a fine of Rs. 7 lakh. The authority concerned may cancel the registration of an organisation involved in violations, and its person in charge may face a seven-year imprisonment and a fine of Rs 5 lakh. The government shall also refuse financial aid or grants to such organisations. Different states have prescribed stricter punishments, with Uttar Pradesh up to 14 years imprisonment in case of vulnerable groups, and Rajasthan up to 20 years jail term for mass conversions. ## Challenges to anti-conversion laws The Supreme Court in September last year transferred challenges to the validity of anti-conversion laws, initially filed before various High Courts by some citizens and organisations representing Muslim and Christian groups, to itself. Earlier, the Gujarat and Madhya Pradesh High Courts struck down certain provisions of such laws in their respective states. A few days ago, several civil society organisations representing minorities, Dalit communities and feminist collectives opposed the Maharashtra government’s move, terming it against personal and religious freedom and women’s rights. Opposition MLAs also cautioned against possible misuse of the proposed law. Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. 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