Maharashtra anti-conversion bill: Child of ‘unlawful’ conversion marriage to inherit mother’s original religion

The Bill has been introduced with an aim to curb the increasing instances of 'unlawful conversion.' (Representative photo)

• Maharashtra introduces bill to curb unlawful religious conversions.
• Prior notice to district magistrate required before conversion.
• Unlawful conversions may lead to jail and fines up to Rs 7 lakh.

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With an aim to tackle increasing instances of “unlawful” religious conversion, the Maharashtra Assembly tabled the Dharma Swatantrya Bill, 2026, on Friday. If passed, Maharashtra will become at least the 10th state in recent years to enact a law regulating religious conversions.

According to the Bill, a child born from a marriage arising out of an “unlawful” religious conversion will be considered to belong to the religion followed by the mother before such a marriage/ relationship. According to the statement of objects and reasons attached to the Bill, although the Constitution guarantees freedom of religion, the right is not absolute and is subject to public order, morality and health.

A report in The Indian Express states that while some states, such as Haryana, recognise the inheritance rights of children born from such marriages, the Maharashtra Bill specifically defines the religion of the child, a feature not explicitly mentioned in many similar laws enacted in recent years.

Listing the rights of the children born out of marriages based on ‘unlawful’ conversion, the Bill also stipulates that the child will have inheritance rights to the properties of both parents according to the applicable succession laws.

The Bill states that the child will also be entitled to maintenance under Section 144 (order for maintenance of wives, children and parents if any person with sufficient means neglects or refuses to maintain them) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The Bill provides that custody of the child will remain with the mother unless the court directs otherwise.

What according to the Bill is 'unlawful conversion?'

According to the Dharma Swatantrya Bill, “unlawful” conversion includes converting a person through allurement, fraud, coercion, misrepresentation, undue influence, influencing through education or other methods.

Allurement- The Bill expanded the scope of 'allurement' to include glorifying one religion over another, portraying the customs, rituals, ceremonies or any part of a religion in a harmful manner in comparison with another. 'Allurement' now extends beyond material benefits of money, gift, employment, better lifestyle along with free education in institutions run by a religious institution, divine healing and promise of marriage.

Coercion-Includes threats of divine displeasure, social boycott, intimidation, or threats to life, property or reputation, along with any form of physical or psychological pressure.

Fraud or misinterpretation- includes situations where a person conceals their religious identity, misrepresents the nature of religious beliefs or practices, or misleads a person about the purpose of a religious activity.

The Bill also states that if a person converts another through marriage or under the promise of marriage, the conversion would be treated as unlawful. Where a marriage is undertaken solely for the purpose of religious conversion, the Bill provides that a competent court may declare the marriage null and void.

Prior notice to district authorities

According to the report in The Indian Express, the proposed Bill introduces a system of prior declaration for individuals intending to change their religion. Any person wishing to convert must submit a written notice to the district magistrate at least 60 days before the proposed conversion.

After receiving the notice, the district magistrate or an authorised officer may conduct an inquiry to determine whether the proposed conversion is voluntary and not the result of coercion, fraud or inducement.

After the conversion ceremony, both the individual who has converted and the person or organisation conducting the ceremony must submit a declaration to the district authorities within 60 days. If the declaration is not submitted within the prescribed period, the conversion may be treated as invalid under the law.

Punishment for 'unlawful conversions'

Unlawful conversions-imprisonment of seven years and a fine of Rs 1 lakh.

Offence involving minor, woman, a person belonging to SC/ST-fine increased to Rs 5 lakh.

Mass conversions-Seven years of jail term along with Rs 5 lakh fine.

Repeat offenders (both individuals and organisations)-Imprisonment up to 10 years and fines up to Rs 7 lakh.

If an institution or organisation is found to have facilitated “unlawful” conversions, the government may cancel its registration and withdraw any financial assistance or grants.