Another harassment law

Maharashtra’s anti-conversion bill furthers erosion of civil liberties

Alok Tiwari

As far as anti-conversion laws are concerned, Maharashtra has been a bit late to the party. This is understandable as chief minister Devendra Fadnavis was preoccupied with things of far more importance. But the state has made up for the delay by bringing a law that is far more stringent. It will no doubt help the chief minister gain some distance in the race for being next Hindutva icon. One suspects another law on uniform civil code must be in the pipeline.

Like many laws pushed under the Modi regime, this one too seeks to kill two birds with one stone. One, it keeps the communal pot boiling. And second, it gives another tool to the government to curb freedoms. Make no mistake, it may be named Freedom of Religion bill, but its real purpose is exactly the opposite. It aims at appeasing the Hindutva base by empowering the state to poke its nose into what should be completely private affairs—religion and marriage.

Jail terms ranging up to ten years and fines up to Rs 5 lakh have been mandated for “unlawful” and mass conversions. Moreover, police can initiate suo motu action or on the complaint of an unrelated party. This effectively means the police can intervene in any interfaith marriage. The bride, groom or their relatives can be made accused. Marriages done with purpose of conversion have been outlawed. How is one to prove whether a marriage has been done for purpose of converting someone or someone is converting for the purpose of marriage? Well, the burden of proof is on the accused. The police or any random accuser just has to lodge a complaint. There is no punishment for anyone lodging a false complaint.

This law represents the biggest fall is Maharashtra’s standing as a progressive state that before long celebrated inter-caste and interfaith marriages. This is the same state where architect of our constitution Babasaheb Ambedkar led lakhs of Hindus from oppressed castes into Buddhism. If Babasaheb were to do the same today, he would be required to give a notice to the Nagpur district collector 60 days in advance. Any caste Hindu hurt by his actions could lodge a complaint with local police and he would have been arrested under non-bailable provisions of the law. He will have to prove over the next several years that the conversions were not being made under any inducement or coercion.

The law is so poorly drafted and full of ambiguities that it should not have survived even a cursory legal scrutiny. Yet, given that much of the judiciary is now similarly motivated as proponents of this law, it may survive legal challenge. Yet I wonder how it will work in reality. It is not clear what is the ambit of religious conversion. Will it apply only to established religions or to less known ones? What about paganism or those outside of India like Shintoism? Will becoming an atheist be covered under the ambit of conversion? Is someone who worships Buddha as an avatar of Vishnu a Hindu or a Buddhist? Will Jains worshipping Hindu gods require an enquiry by the collector? If a lover promises their spouse a better life, as all lovers do, is it inducement? Are promises of heaven in every religion inducement, is warning of hell coercion?

Government says the right to profess any religion remains intact. Does not a 60-day notice requirement abridge that right? What if one wishes to convert under 60 days? What if they change their mind after giving notice? Can one found a unique religion and be the sole convert to it or will that also require giving a notice? What if one wishes not to make one’s religion public matter? Why should the state or anyone know what religion I profess? Does that not violate my right to privacy, also guaranteed by constitution? These questions are at the heart of freedom as we know it. Faith being an intensely personal matter, it cannot be defined by anyone else, much less the state. A citizen should be free to follow any faith any time, including changing it without telling anyone.

Hence it appears the real purpose of the law is to simply cause harassment. That has been the whole thrust of Modi regime. Today you have more laws that curb your freedoms in more ways than ten years ago. You can be arrested for more reasons, by more agencies, and for longer periods. Government has access to more of your data. Your RTI requests can be denied for more reasons. There are curbs on what you can eat or drink and where in more places than ever. Heck, even tax authorities can now demand access to your emails and social media accounts. Increasingly your accusers are no longer required to prove your crime. The onus is on you to prove yourself innocent. And everything from your bank balance to your social media post and even your identity as a citizen can be questioned by anyone.

On paper the law will be neutral, but it will be selectively applied. The police and street muscle power will ensure that. A Muslim or a Christian person marrying a Hindu and converting will not be touched. A Hindu marrying a Muslim or a Christian will be harassed by goons and arrested to have a chilling effect on others contemplating similar move. Those with power, money, and influence, the elite, will of course be spared. But ordinary people falling in love and getting married will be sacrificed at the altar of political agenda.

Conversions are not a problem. But the solution just adds another cut to Indian democracy that is dying by a thousand cuts. Slowly but surely our liberties are being eroded. The pill we are being given is sugar coated with nationalism and religion, but it is pure poison.

This column appeared in Lokmat Times on Mar 19, 2026