Anti-conversion laws have sparked considerable debate in India, with concerns ranging from religious freedom to protection from coercion. They are often misinterpreted or misrepresented in the international arena. Far from being tools of oppression, the Maharashtra Freedom of Religion Act, 2026 fulfills a crucial constitutional and social purpose by safeguarding individual autonomy, promoting social harmony and ensuring that faith is rooted in genuine conviction and ancestry rather than exploitation.

India’s secular framework guarantees the right to freely profess, practice and propagate religion under Article 25 of the Constitution. However, this freedom does not extend to converting others through unconstitutional means. Throughout India, socioeconomic disparities have left vulnerable communities such as the Scheduled Castes, Tribes and women susceptible to manipulative tactics. Against this constitutional backdrop, Maharashtra’s legislation establishes a framework for regulating religious conversions. Anti-conversion laws directly confront these abuses by criminalizing faith changes resulting from coercion, force, threats, deceit, inducement or misrepresentation. Without robust legal safeguards, vulnerable individuals have little protection against aggressive or exploitative proselytisation. Legislations like these ensure that genuine spiritual choice is preserved while penalising those who exploit the law for coercive or demographic purposes.

India’s unique social fabric is deeply rooted in its Hindu majority, which has shaped the nation’s cultural, philosophical and civilizational identity for thousands of years. In recent years, concerns have grown about targeted efforts to convert vulnerable Hindus, particularly those from marginalized communities, through inducement, fraud or coercion. Such incidents are not mere hypotheticals; for example, the Nashik TCS employees’ case brought to light how organized groups can exploit workplace vulnerabilities to encourage mass conversions, often using inducements and misinformation. Similarly, debates around ‘Love Jihad’ in Kerala and elsewhere have heightened public awareness of alleged attempts to convert Hindu women through deceitful relationships, with the intention of altering local demographics. These and other cases across India illustrate the ongoing attempts to change the religious composition of communities through unlawful means.

Such practices are not merely violations of individual autonomy; they carry the potential to alter local and national demographics in ways that may disrupt social harmony and undermine the foundational ethos of the nation. For a country as diverse and as populous as Bharat, unchecked and illegal conversions can fuel mistrust, create communal tensions and encourage external agendas that may not align with the country’s constitutional values. This underlying reality reinforces the urgent need for regulation; robust, transparent legal frameworks are essential not only to protect individuals from exploitation but also to preserve the demographic and cultural continuity that is central to India’s identity.

The Maharashtra Freedom of Religion Act, 2026 has drawn criticism from international media, which have portrayed it as a targeted restriction on minority groups, particularly Christians. However, a more balanced examination of the statute presents a different perspective. The Act applies equally to all communities and does not single out any specific religion. It penalises unlawful conversions regardless of the individuals involved. Notably, reconversion to one’s parental or ancestral religion is generally exempt from these administrative requirements, acknowledging a return to native roots. These procedural requirements are intended to ensure transparency and prevent hasty or coerced conversions.

The law establishes structured notification requirements, including a 60 day prior notice to a competent authority by both the individual and officiating priest to enhance transparency. Noncompliance renders conversion invalid. The Act also targets conversions linked to marriage by declaring any union entered solely for religious conversion or involving fraud or coercion as legally void. For children born of such marriages, the law mandates they will follow the mother’s previous religion while retaining inheritance rights from both parents.

Unlike other criminal statutes that restrict reporting to victims, this legislation broadens who can file conversion complaints to prevent silencing. Police must register FIRs for alleged unlawful conversion if reported by either the individual who has converted, their parents, siblings or any close relative by blood, marriage or adoption. The Act also enforces strict penalties with all offences being non-bailable and warranting immediate arrest and trial in a Court of Sessions. Notably, the accused (convertor or abettor) must prove the conversion was voluntary and free of coercion, reversing the burden of proof away from the prosecution.

The Act’s clear aim is to ban conversions achieved through force, fraud, misrepresentation, coercion or material inducements. Genuine faith is a personal matter grounded in true conviction.

Recent reports have led to confusion about compulsory documentation of churchgoers, prompting community leaders to clarify that self-declaration forms are voluntary, internal measure adopted by certain churches, not a government mandate. The Maharashtra government does not require regular churchgoers to fill such forms. The State’s legal framework fully upholds citizens’ rights to practice, profess and propagate their faith under Article 25 of the Indian Constitution as long as these practices avoid unlawful or deceptive conversion methods.

The judgement of Hon’ble Apex Court in Rev. Stainislaus (1977) clarified that Article 25(1) of the Constitution allows individuals to profess, practice and share their religion but does not guarantee a right to convert others. The Court interpreted “propagate” as the right to explain or teach one’s beliefs, not to actively convert. Reflecting this, the Maharashtra Act permits religious expression and discussion but intervenes only when conversion is attempted through force, fraud or inducement. Therefore, a law that aims to prevent predatory conversions serve to safeguard the rights of potential victims. By imposing strict penalties for targeting vulnerable groups, the State upholds individual conscience and shields citizens from dominant or institutionalised pressures.

By delineating clear boundaries and due process, the Maharashtra Act seeks to safeguard both the freedom to practice religion and the rights of vulnerable individuals. Continuous discussion and judicial review remain essential to ensuring these laws serve the public interest without overreach. Ultimately, the Act’s effectiveness will be judged by its ability to protect citizens from exploitation without infringing upon the spirit of India’s constitutional commitment to religious liberty. Ensuring that conversions are free from force and deceit is vital to preserving India’s multicultural harmony and the core values that have sustained its civilization for centuries. Deliberate incitement of paranoia and the spread of unfounded apprehensions, motivated by misinformation will only exacerbate concerns regarding social and religious harmony. The legislation provides clear provisions, checks and balances, recognises individual autonomy and penalises only well-defined conduct that infringes upon the right of others, economic interests or the right to practice one’s religion without interference. The Act does not fall short of any constitutional requirements for legislative measures. Nevertheless, it is imperative for the State to address any legitimate apprehensions about potential misuse in implementing the Act. At present, contrary concerns are not supported by an objective analysis of the Act’s provisions.

Author is an Advocate practicing in the Andhra Pradesh High Court.

[The opinions expressed in this article are those of the author.]

Amrutha Boppudi