Why Maharashtra Needs the Freedom of Religion Act 2026: Historical Background  Organised Conversion Threats

This article is part of the series/book “Stopping the Conversion Mafia: Legal Analysis of anti-conversion laws in India.

Popularly known as the state’s anti-conversion law, the Maharashtra Freedom of Religion Act, 2026, is a real law. It was passed by both houses of the Maharashtra legislature in March 2026. After receiving the President’s assent, it was notified in the official gazette on 30^th July, 2026 and is now in force. With this, Maharashtra became the 13th Indian state to enact such legislation.[1] Before that Odisha, Uttar Pradesh, Arunachal Pradesh, Uttarakhand, Jharkhand, Rajasthan, Haryana, Madhya Pradesh, Himachal Pradesh, Gujarat, Haryana and Karnataka were the states to implement such kind of law. If you want to know state specific law on this topic then please comment the name of the state in comment box.  

Salient Features of the Law:

The Act makes it illegal to convert a person from one religion to another through force, fraud, coercion, allurement, misrepresentation, or the promise of marriage. Allurement covers offers of money, gifts, jobs, free education, a better lifestyle, or claims of divine healing.[2] These tactics are used on huge by the conversion mafia and lot of such cases were came in to notice in past few months, just like that of Nashik case.[3]   

Anyone intending to convert must give 60 days’ prior written notice to the District Magistrate. A post-conversion declaration is also required. Parents, siblings, or other close relatives of the person being converted can file a complaint against such conversion. The burden of proving that the conversion was voluntary lies on the person who carried it out or helped in it.[4] This is one of the significant provision regarding the burden of proof.

Punishment for a first offence can go up to seven years in jail along with a fine. For repeat offenders the jail term can extend to ten years. Higher penalties apply when the converted person is a woman, a minor, or belongs to a Scheduled Caste or Scheduled Tribe. Offences under the Act are cognizable and non-bailable. Any marriage solemnised solely for the purpose of unlawful conversion can be declared void by a court.[5] All these provisions are for protection of vulnerable and gullible persons and every one shall welcome such step of the government. The state government has repeatedly clarified that the law does not interfere with genuine voluntary conversions or genuine interfaith marriages.[6]

Need of this Law:

India is secular country and being part of this country, State Government of Maharashtra is also secular. As every citizen has right to follow any faith of his or her choice, it is necessary to regulate religious conversions to make them legal and binding on the person who had been converted from one faith to other. This kind of law only making the right to religion legally recognizable at first stance. Till this date, there were no such laws, hence huge conversions using various tactics as described above were executed by the conversion mafia, creating religious polarization among public.[7]

The state government has stated that instances of forceful, involuntary, or induced religious conversions have been increasing. These are often carried out in an organised manner by various groups and institutions against ordinary and vulnerable people. Such activities, according to the government, disturb public order and harm social harmony. Existing criminal laws were found insufficient to deal with these specific problems.[8] A special committee headed by the Director General of Police studied the issue and examined similar laws already in force in other states. On the basis of its recommendations, the government decided to bring a dedicated law.[9] 

Reports and police cases from different parts of Maharashtra have pointed to organised conversion networks targeting Hindus. In some places, men were allegedly trapped through relationships and then pressured or forced to convert to Islam, with incidents reported from areas like Daund.[10] In other cases, Christian groups were accused of approaching people with promises that conversion would cure serious illnesses, distributing literature, and holding gatherings in villages and even on local trains.[11] There have also been complaints of pressure tactics in workplaces, educational institutions, and among tribal and economically weaker communities. Hindu organisations and political leaders have consistently claimed that these activities form part of a larger, systematic effort to convert Hindus on a significant scale. These repeated complaints and law-and-order concerns created the political and administrative pressure that finally led to the 2026 Act.[12]

Why a Secular Country Like India Requires Such a Law?

The Indian Constitution under Article 25 gives every citizen the freedom of conscience and the right to freely profess, practise, and propagate religion. However, this right is not absolute. It is subject to public order, morality, and health.  The Supreme Court has clearly held that the right to propagate religion does not include the right to convert another person by force, fraud, or inducement.[13] Several other states have already enacted similar laws on the same principle. 

In a diverse and multi-religious society, organised conversion drives that exploit poverty, illness, or social vulnerability can create serious social tension. The purpose of such laws is to ensure that any change of religion takes place only through free and informed consent, and not through pressure, deception, or material temptation. Protecting the free will of individuals, especially the weaker sections, is seen as consistent with the idea of a secular state that treats all religions equally while maintaining public order.[14]

Historical Background of the Law

Concerns about forced or induced conversions are not new in India. Even before Independence, some princely states had rules restricting conversions. After 1947, Odisha and Madhya Pradesh passed the first modern Freedom of Religion Acts in 1967 and 1968.[15] 

In Maharashtra, efforts to bring a similar law began as early as 1967, when a private member’s bill was introduced. Later attempts were made by legislators in 2005, 2008, 2012, and 2015, but none succeeded.[16] In recent years, Hindu organisations organised sustained campaigns and rallies against forced conversions and love jihad. Political leaders repeatedly raised the issue in public and in the legislature. After the present government assumed office, a police-led committee examined laws of other states and recommended a dedicated statute. This process finally resulted in the Maharashtra Freedom of Religion Act, 2026.

In short, the law seeks to curb conversions carried out by force, fraud, or allurement, particularly those linked to organised networks. Supporters view it as a necessary measure to protect free choice and social harmony. Critics question the scale of the problem and fear possible misuse. The debate continues both in courts and in public discussion.[17]

Thank you for reading till the end. For complete provision-wise analysis of this law, kindly bookmark this site and stay tuned to increase your legal knowledge in simple language. Comment your thoughts on the issue of religious conversion and love jihad.

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[1] Priyanka Kakodkar, “Maharashtra’s anti-conversion law is now in force”, Times of India, Dt. 2.8.2026, available at: https://timesofindia.indiatimes.com/city/mumbai/maharashtras-anti-conversion-law-is-now-in-force/articleshow/132793174.cms

[2] “Maharashtra anti-conversion law comes into force; provides for punishment up to 7 yrs in jail”, CNBC TV 18, Dt. 3.8.2026, Available at: https://www.cnbctv18.com/india/maharashtra-anti-conversion-law-comes-into-force-provides-for-punishment-up-to-7-yrs-in-jail-19960178.htm

[3] Mohan Kankare, “Nashik TCS Case : मुख्य संशयित तुरुंगातच; आठ गुन्ह्यांत दोषारोपपत्र दाखल”. Deshdoot, Dt. 4.8.2026, available at: https://deshdoot.com/nashik-tcs-case-the-prime-suspect-in-the-tcs-case-is-in-jail-and-charge-sheets-have-been-filed-in-eight-cases/#google_vignette

[4] Gulam Jilani, “Jail term up to 10 years, ₹7 lakh fine for repeat offender: Maharashtra anti-conversion law comes into force”, Mint, Dt. 3.8.2026, available at: https://www.livemint.com/news/india/jail-term-up-to-10-years-7-lakh-fine-for-repeat-offendermaharashtra-anti-conversion-law-comes-into-force-bjp-fadnavi-11785726776174.html

[5] Abhishek Muthal, “Maharashtra Freedom of Religion Act 2026: महाराष्ट्र धर्मस्वातंत्र्य कायदा राज्यात लागू; कायद्याचे उल्लंघन केल्यास सात वर्षांपर्यंतच्या कारावासाची तरतूद”, ABP Majha, Dt. 2.8.2026, available at: https://marathi.abplive.com/news/politics/maharashtra-freedom-of-religion-act-2026-is-now-in-force-in-the-state-after-being-published-in-the-official-gazette-on-receiving-the-assent-of-president-droupadi-murmu-1434101

[6] Abhishek Chaudhari, “Maharashtra passes anti-conversion bill; MoS Bhoyar says law targets only forceful conversions”, Times of India, Dt. 26.3.2026, Available at:  https://timesofindia.indiatimes.com/city/nagpur/maharashtra-passes-anti-conversion-bill-mos-bhoyar-says-law-targets-only-forceful-conversions/articleshow/129829268.cms

[7] Sushant Pathak, Jamshed Adil Khan, “Operation Conversion Mafia: Kerala’s conversion factories unmasked”, India Today, Dt. 2.11.2017, available at: https://www.indiatoday.in/india/story/love-jihad-kerala-conversion-factory-islamic-state-1078518-2017-10-31

[8] “Maharashtra anti-conversion law comes into force after President Murmu’s assent”, Mid Day, Dt. 3.8.2026, Available at: https://www.mid-day.com/mumbai/mumbai-news/article/maharashtra-freedom-of-religion-act-2026-takes-effect-after-presidential-assent-23642903

[9] “Statement of Objects and Reasons”, PRS India, Available at: https://prsindia.org/files/bills_acts/bills_states/maharashtra/2026/Bill20of2026MH.pdf

[10] “Conversion racket busted in Maharashtra; hundreds of Hindu men forcefully circumcised; honey trapped into converting to Islam”, Hindu Phobia Tracker, Dt. 12.1.2023, Available at: https://www.hinduphobiatracker.org/app/case/7f64cd4

[11] Harshada J Shirsekar, “Local Religious Conversion: मुंबई लोकलमध्ये धर्मपरिवर्तन करणारं नेटवर्क सक्रिय? या संघटनेच्या दाव्यामुळे खळबळ”, NDTV Marathi, Dt. 22.6.2026, Available at: https://marathi.ndtv.com/cities/mumbai-news-religious-conversion-networks-active-on-mumbai-local-trains-hindu-janajagruti-samiti-claims-demands-action-11669115

[12] Vinaya Deshpande, “How Maharashtra Legislature cleared the Freedom of Religion Bill, and why most of the opposition parties did not oppose it”, The Hindu, Dt. 19.3.2026, Available at:  https://marathi.ndtv.com/cities/mumbai-news-religious-conversion-networks-active-on-mumbai-local-trains-hindu-janajagruti-samiti-claims-demands-action-11669115

[13] Rev. Stainislaus vs State Of Madhya Pradesh & Ors [1977 AIR 908], Available at: https://indiankanoon.org/doc/1308071/

[14] Mridula Vats, Shalini Saxena, “Regulating Faith: Constitutional Validity Of Religious Conversion Laws In India”, International Journal of Legal Affairs and Exploration, Volume 4, Issue 1, available at: https://ijlae.com/wp-content/uploads/2026/02/REGULATING-FAITH-CONSTITUTIONAL-VALIDITY-OF-RELIGIOUS-CONVERSION-LAWS-IN-INDIA-By-Mridul-and-Dr.-Shalini.pdf

[15] Anoop Ramkrishnan, “Anti-Conversion Legislation: Comparison of the UP Ordinances with other state laws”, PRS India, Dt. 17.12.2020, Available at: https://prsindia.org/theprsblog/anti-conversion-legislation-comparison-of-the-up-ordinances-with-other-state-laws?page=2&per-page=1

[16] Ibid 14

[17] Dnyanesh Jathar, “Is Maharashtra’s new anti-conversion law unconstitutional? Legal battle set to begin soon”, The Week, Dt. 3.8.2026, Available at: https://www.theweek.in/news/india/2026/08/03/is-maharashtras-new-anti-conversion-law-unconstitutional-legal-battle-set-to-begin-soon.html