Burden of proof lies on the one accused of conversion

Mumbai: The Maharashtra Freedom of Religion Bill, 2026 aimed at preventing religious conversions through coercion, fraud or marriage, says any child born out of a marriage or a "relationship in the nature of a marriage" due to unlawful conversion shall be "deemed to belong to the religion of the mother before such marriage or relationship".The Bill mandates that any person intending to convert as well as any individual or institution organising a conversion ceremony, must give a notice at least 60 days in advance to the competent authority. The competent authority will then display details of the proposed conversion on its office notice board and the office of the village panchayat or local authority concerned and invite objections from the public within 30 days.The Bill requires that the converted person and individual or institution organising the ceremony submit a declaration to the same authority within 21 days after the conversion. It allows any person including the converted person's parents, siblings or relatives by blood, marriage or adoption to lodge an FIR if they suspect unlawful conversion and mandates police to register such complaints.While setting a jail term of seven years and a fine of Rs 1 lakh for those "involved" in illegal conversion, it prescribes similar punishment for those "involved" in mass conversions and a fine of Rs 5 lakh. Repeat individual offenders can get a jail sentence of 10 years and fine of Rs 5 lakh. Inducements seen as illegal in such cases include gifts, employment, free education, better lifestyle or divine healing, Under the proposed law, the burden of proof that a conversion was not carried out in violation of the Act will lie on the person who caused, assisted or abetted the conversion.The bill, described as draconian by critics, says "forceful" and "involuntary" religious conversions in the state are increasing and that Maharashtra has no mechanism to stop them. It cites the example of other states which have passed similar laws."Right to freedom of religion... under the Constitution of India is not absolute, but is subject to public order, morality, health and to other provisions of... Constitution relating to the fundamental rights of citizens. The Supreme Court... has in many cases held that the freedom of religion is subject to reasonable restrictions and right to propagate under article 25 of the Constitution does not include the right to forcibly convert another person," says the Bill.It says, "religious conversions which are forceful, involuntary or caused by influencing free consent" are rising and are "being carried out in organized manner by various institutions." It says various states have already enacted laws to prohibit them. "The objective is to protect the right to freedom of religion. It also aims to prohibit unlawful religious conversions carried out through coercion, fraud, inducement or marriage," said minister of state for home Pankaj Bhoyar, who introduced the bill in the assembly.Civil society bodies who opposed the bill in the run-up to its introduction in the assembly, called for a dialogue. "We are very disappointed that the bill was tabled without discussions with stakeholders who are going to be affected by this Anti-Conversion Law. It takes away the right to one's conscience to follow the religion of their choice or marry a partner of their choice. We urge the Opposition to raise their voices and also demand that it be referred to a Select Committee for discussions as some of the clauses are draconian," said Dolphy D'souza of The Bombay Catholic Sabha.Legal challenges against anti-conversion laws by civil rights groups such as Citizens for Justice and Peace have been taken up by the high courts in Karnataka, Uttar Pradesh, Uttarakhand and Madhya Pradesh. Sections of these laws have been stayed by the courts and states have, in turn, gone on appeal before the Supreme Court. In Maharashtra, BJP leaders had promised during the last assembly poll campaign that an anti-conversion law would be brought to combat "love jihad".(With inputs by Vijay V Singh)