Maharashtra became the 13th Indian state to notify an anti-conversion law, with the controversial Maharashtra Freedom of Religion Act taking effect after the state government published the legislation in its official gazette on July 30.
The gazette was published after the legislation was approved by President Droupadi Murmu on July 17, paving the way for its implementation in the state.
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What is the law?
The law criminalises religious conversions carried out through force, allurement, fraud, inducement or marriage by making it a cognisable offence. This includes interfaith marriages where conversion is alleged to have taken place through such means, particularly if objections are raised by the families of either party.
The law makes unlawful religious conversion a cognisable and non-bailable offence punishable with imprisonment of up to seven years.
Among its most controversial provisions is the requirement that a person intending to convert must give 60 days’ notice to the designated authority.
The act also places the burden of proof that the religious conversion was voluntary on the person accused of carrying out the conversion, as well as on anyone alleged to have assisted or aided it.
The legislation has been widely opposed by civil rights groups as a violation of an individual’s right to freedom and personal privacy. It is seen as an attempt to curb interfaith marriages, particularly instances involving a Hindu woman marrying a non-Hindu man, where conversion to the latter’s faith may take place. Civil liberties groups believe the legislation could be misused in various ways, especially to harass interfaith couples.
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When was the bill passed?
The Bill was passed by both houses of the Maharashtra legislature earlier this year, with governor Jishnu Dev Varma giving his assent on April 6. It was published in the state’s official gazette on July 30 after it received presidential assent.
“Legal action may now be initiated in cases involving unlawful religious conversions in the state, strictly in accordance with the provisions of the new act,” said a senior official from the state home department.
Provisions of law
The legislation is expected to make interfaith marriages difficult. Once an individual provides notice, the designated authority is required to make it public and invite objections within 30 days. They must then conduct a police inquiry into the intention, purpose and circumstances of the proposed conversion. If the inquiry concludes that the conversion is unlawful, criminal proceedings may be initiated.
Under the act, any religious conversion carried out through allurement, coercion, force, misrepresentation, fraud, deceit or other unlawful means is illegal. It also treats as unlawful any religious conversion carried out through the solemnization of a marriage or a relationship on the promise of marriage if such means are used.
The legislation further mandates that the individual or institution conducting the conversion must submit a declaration to the designated authority within 21 days of the ceremony. Failure to do so will render the conversion null and void.
