The Maharashtra government on Friday introduced the Maharashtra Freedom of Religion Bill, 2026 in the state Assembly, proposing strict provisions to regulate religious conversions carried out through coercion, fraud, inducement or marriage. One of the notable provisions of the Bill states that a child born from a marriage arising out of an unlawful religious conversion will be considered to belong to the religion followed by the mother before such marriage or relationship, as per the draft legislation tabled in the House.
The Minister of State introduced the Bill for Home Pankaj Bhoyar, which seeks to prohibit forced or fraudulent religious conversions, while safeguarding the constitutional right to freedom of religion.
What does the Bill say about children born from such marriages?
According to the proposed legislation, “Any child born out of marriage or relationship in the nature of marriage, caused because of unlawful conversion shall be deemed to belong to the religion of mother before such marriage or relationship,” the draft Bill states, as reported by The Indian Express.
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Besides defining the religion of the child, the legislation also clarifies that such a child would retain inheritance rights in the property of both parents under the applicable succession laws. The Bill further provides that the child would be entitled to maintenance under the provisions of the Bhartiya Nagarik Suraksha Sanhita (BNSS). Custody of the child will continue to be with the mother unless a court decides otherwise.
The provision goes a step further than several anti-conversion laws enacted in other states. Some states have acknowledged the rights of children born from such marriages but they do not specifically define the religion of the child.
What kind of conversions would be considered unlawful?
The proposed law defines “unlawful conversion” as conversion conducted through fraud, coercion, misrepresentation, undue influence and inducement or marriage, as per the Bill.
The definition of “allurement” or inducement has been expanded to include offers of gifts, money, free education, promise of marriage, employment, better lifestyle and claims of divine healing. The Bill also mentions that portraying one religion as superior or presenting another religion’s practices in a harmful manner could fall within the scope of inducement, as per a report by The Indian Express.
It also identifies women, minors and members of Scheduled Cates and Scheduled Tribes as vulnerable groups along with strict penalties if unlawful conversion involves them. Conversions through marriage or the promise of marriage would also be considered as illegal if coercion, inducement or fraud is involved.
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What penalties and procedures does the proposed law prescribe?
The draft legislation proposes imprisonment of up to seven years and a fine of Rs 1 lakh for those found guilty of unlawful conversion. As per a report by PTI, if an offence involves a minor, a woman or person belonging to the Scheduled Castes or the Scheduled Tribes, the fine may go up to Rs 5 lakh. Mass conversions, defined as the conversion of two or more persons together, would attract similar punishment.
Repeat offenders could face up to 10 years in prison and fines up to Rs 7 lakh, as per the Bill. Offenders under the law would be cognisable and non-bailable, and a probe would be conducted by the police officers not below the rank of sub-inspector.
The Bill also includes that an individual intending to change their religion must give a written notice at least 60 days in advance to the district magistrate. After the conversion ceremony is done, both the person who converted and the individual or institution conducting it must submit a declaration to the authorities.
The government stated that the legislation aims to restrain forced or organised religious conversions while protecting the constitutional rights of religious freedom. If enacted, Maharashtra would join states such as Gujarat, Uttar Pradesh, Karnataka, Madhya Pradesh, and Uttarakhand that have introduced similar laws regulating religious conversions in recent years. |
