2 months ago
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The communicative truthful far:
The Maharashtra Freedom of Religion Bill, 2026, was passed by some Houses of the Maharashtra Legislature a fewer days ago. The Bill has been opposed by respective civilian nine organisations, which person expressed apprehensions astir the State encroaching connected the idiosyncratic liberty of its citizens. They assertion that the Bill violates the cardinal rights enshrined successful the Constitution.
What is the Maharashtra Freedom of Religion Bill?
The Maharashtra Freedom of Religion Bill, 2026, has been defined arsenic “a Bill to supply for extortion of close to state of religion and prohibition of unlawful conversion from 1 religion to another, and for matters connected therewith oregon incidental thereto.” It aims to prohibit conversions carried retired done allurement, misrepresentation, force, undue influence, coercion, oregon immoderate different fraudulent means.
It lays down an elaborate process for conversion, including a declaration of intent with 60-days’ anterior notice. A post-conversion declaration is besides required.
What are the cardinal provisions?
Under the projected Act, it is mandatory for the constabulary serviceman to registry a ailment adjacent if the relatives of the converted idiosyncratic attack them. The complainant whitethorn beryllium the converted person, oregon their parents, siblings, oregon immoderate different idiosyncratic related by blood, marriage, oregon adoption.
Any matrimony solemnised solely for unlawful conversion shall beryllium declared null and void by the court, connected a petition filed by either party. Any kid calved retired of specified a matrimony oregon narration belongs to the religion of the parent earlier specified a matrimony oregon relationship. The kid volition person succession rights to the spot of some parents arsenic per the prevailing laws. Maintenance volition person to beryllium given, and custody volition stay with the parent unless decided different by a court.
What punishment is projected nether the Bill?
Punishments for usurpation see imprisonment of up to 10 years and a good of up to ₹7 lakh. Offences nether the Bill volition beryllium cognisable and non-bailable.
The offence of unlawful conversion is punishable with up to 7 years’ imprisonment and a good of ₹1 lakh. If the idiosyncratic converted is simply a minor, a woman, a idiosyncratic of unsound mind, oregon belongs to the Scheduled Castes oregon the Scheduled Tribes, the punishment increases to 7 years’ imprisonment and a good of ₹5 lakh.
Mass conversions volition pull akin penalties. Repeat offenders whitethorn look imprisonment of up to 10 years and a good of ₹7 lakh. Institutions recovered blameworthy of forced conversions whitethorn look cancellation of registration and withdrawal of authorities assistance oregon grants. Office-bearers whitethorn besides look imprisonment of up to 7 years and a good of ₹5 lakh. Victims volition beryllium entitled to rehabilitation, maintenance, and custody of children.
Is Maharashtra the lone State to suggest specified an enactment?
No. As per the accusation fixed by Maharashtra Chief Minister Devendra Fadnavis successful the Legislative Assembly, 12 states person truthful acold brought astir a instrumentality against forcible conversions. These see Odisha, Arunachal Pradesh, Gujarat, Chhattisgarh, Jharkhand, Uttarakhand, Himachal Pradesh, Uttar Pradesh, Madhya Pradesh, Haryana, Karnataka, Rajasthan. “Tamil Nadu has passed it too, but it hasn’t yet implemented it,” helium said, adding that the authorities is applicable to each the religions.
What are the concerns raised?
Concerns person been raised connected respective grounds, including the deficiency of empirical grounds to warrant specified legislation, the societal implications of the 60-day anterior announcement requirement, the curtailment of the individual’s close to state of religion, and administrative overreach into idiosyncratic matters.
Last year, the State authorities appointed a seven-member peculiar committee nether the Director General of Police to survey ineligible issues related to spiritual conversion. Its study has not yet been made public, though the authorities has said that the committee recommended enacting a peculiar law.
Opposition leaders person termed the Bill ‘regressive’ and alleged that it targets a peculiar community.
Since offences nether the Bill are non-bailable, civilian rights activists person expressed concerns that it whitethorn people interfaith marriages and number spiritual practices. They besides fearfulness the involution of families and vigilante groups successful pressuring consenting big couples.
“In immoderate case, this places State surveillance implicit profoundly idiosyncratic decisions related to religion and marriage,” a civilian rights activistic said.
Bureaucrats person besides raised administrative concerns. “There is nary established certification strategy for religions close now. We volition person to make a system. This is an administrative concern. We volition person to look into what are the models that different States person developed. An full gamut of administrative mechanisms volition person to beryllium created,” a elder IAS serviceman said, adding that the gross authorities volition present travel into the representation for matters of matrimony and idiosyncratic laws, which were managed by the civilian courts truthful far. “Personal instrumentality is progressively becoming a substance of administrative authorities. This creates a complication for marriages retired of escaped volition too,” an IAS serviceman said.
How has the State authorities addressed these apprehensions?
The authorities has said that the close to state of religion is not absolute. It has besides been said that the cases of forcible spiritual conversions person been expanding successful the State, and that the authorities does not presently person effectual laws to tackle the instrumentality and bid issues arising retired of them.
“These instances are causing disturbance to nationalist bid successful the State and are affecting societal harmony,” Chief Minister Fadnavis has said.
