Mumbai: The proposed anti-conversion law in Maharashtra is not directed against any particular religion, and it aims only to prevent religious conversions carried out through force, fraud or inducement, Chief Minister Devendra Fadnavis told the legislative assembly on Monday.
The Maharashtra Freedom of Religion Bill 2022, introduced on March 13, proposes a seven-year imprisonment and a fine of Rs 1 lakh for unlawful conversions carried out on the pretext of marriage.
Fadnavis said he seeks to bring clarity in dealing with cases of illegal conversions that sometimes lead to law and order issues.
Defending the bill, he noted that several states, including Odisha, Gujarat, Uttar Pradesh, Madhya Pradesh, Haryana, Karnataka and Jharkhand, have already enacted similar laws.
“This bill does not restrict a person’s right to follow a religion as guaranteed under Article 25 of the Constitution. The right to religion does not include the right to convert another person through coercion, misrepresentation, fraud or allurement,” Fadnavis said and cited rulings of the Supreme Court.
Fadnavis said marriages carried out solely for the purpose of unlawful conversion may be declared null and void by a court.
The bill also provides for imprisonment of up to seven years and fines for those found guilty of illegal conversions. Stricter penalties have been proposed in cases involving women, minors, or persons belonging to the Scheduled Castes and Scheduled Tribes, he added.
Fadnavis, who holds the Home portfolio, also stated that complaints can be filed by the affected individual or close relatives, while the police may also take action in certain cases.
Seeking support for the passage of the bill, the chief minister said the bill is intended to protect citizens from unlawful conversions and help maintain law and order.
Notably, the opposition Shiv Sena (UBT) has extended its support to the bill.
Sena (UBT) MLA Bhaskar Jadhav said the bill aims to protect the right to religious freedom and prevent illegal religious conversions.
“It is comprehensive and does not target any specific religion, despite rumours or misconceptions. The objective is to curb unethical practices and misuse of religion that harm individuals or communities,” Jadhav said, adding that reports of the bill targeting a particular religion are incorrect.
The bill applies to all religions equally, and its intent is to prevent coercion or inducement in religious conversion, he added, citing Dr B.R. Ambedkar’s conversion in 1956 as voluntary and without coercion.
He emphasised that every religion has certain harmful practices that restrict human rights, and the bill is meant to regulate such practices legally.
Jadhav congratulated the chief minister and the government for introducing the bill and urged enforcement without targeting any religion.
Congress MLA Aslam Shaikh said the objective and essence of the bill appear to impact the Constitution and right to privacy.
“Under this bill, if a person wants to convert, he must give a 60-day notice. What about the security of that person? Has anyone thought about whether someone might attack or harm him? If someone wants to change his religion, is he expected to beat drums and publicly announce it in advance? This clearly interferes with fundamental constitutional rights,” he said.
Shaikh said if two adults decide that they want to get married, any third party or relative can file a complaint under this bill.
“It even mandates that an FIR be registered. Once an FIR is filed, the person immediately becomes an accused. What kind of mental pressure will that create? What will be the social consequences and stigma for that person? None of these issues has been considered in this bill,” he said.
He also flagged “vague provisions” mentioned in the bill.
“It says that if someone lures another person, traps them, or gives them incentives, action can be taken. But who will decide what qualifies as luring or incentive? What is the criteria?” he asked.
Samajwadi Party leader Rais Shaikh said the bill violates Articles 14, 15, and 21 of the Constitution.
“This bill is tearing apart the spirit of these constitutional provisions. Maharashtra is a progressive state which has always set an example for the rest of the country. This bill curtails the Constitutional right to freedom of religion granted by the Constitution,” he said.
The SP MLA added that the bill is one-sided and has been brought to target a particular community.
BJP’s Atul Bhatkalkar cited historical and contemporary examples, including the Niyogi Commission (1970) report on missionary activities in tribal regions of Madhya Pradesh and statements by former Kerala chief ministers Oommen Chandy and V.S. Achuthanandan, highlighting conversion cases and the use of the term “Love Jihad.”
He warned against attempts to alter Maharashtra’s demography through religious conversion, saying such efforts would not succeed.
Bhatkhalkar urged lawmakers and citizens to uphold laws that prevent forced conversions and reaffirmed his support for Constitutional safeguards protecting religious freedom and national integrity.
