Criminalising Conscience

Fr. Gaurav Nair Fr. Gaurav Nair
31 Aug 2026

The Maharashtra Freedom of Religion Act, 2026, has finally come into force, proving that India is being run by fundamentalists with neither conscience nor consciousness. Its implementation should not only concern Christians and Muslims, who will probably feel the immediate impact, but every Indian who still believes in the Constitution and that it places the citizens and not the State at the helm in matters of faith.

The problem with the law is not that it "can be misused"; it is fundamentally architected to be misused.

The law allows complaints based on allegations to be initiated by parents, siblings, relatives, or even any random person, thereby allowing malicious actors to harass individuals without repercussions. It also requires 60 days' prior notice to the district magistrate before a person can convert. The decision about what one believes, therefore, is no longer entirely a matter between the individual and their conscience. It becomes a matter for the State, the family, any outsider and potentially the police.

It is an extraordinary reversal of the normal logic of criminal jurisprudence. Where an allegation is made that a conversion was induced by force, fraud, coercion or allurement, the person facilitating the conversion bears the burden of establishing that it was voluntary. The accused therefore begins from a position of suspicion. The accuser makes the allegation; the accused must effectively demonstrate its falsity.

The law creates an asymmetry of risk: the person making the allegation has comparatively little to lose. An FIR, however, can cost the accused reputation, employment, money, liberty and years of legal struggle. Even if the allegation eventually collapses, the damage may already have been done. The process itself becomes the punishment.

Terms such as "allurement," "undue influence" and "misrepresentation" can become elastic instruments in the hands of an investigator or complainant. What constitutes genuine persuasion and what constitutes improper influence is not always a matter of objective fact. A scholarship, education, medical assistance or charitable service can easily be represented by a hostile complainant as an inducement.

The consequences are already visible. Even before the law came into force, some small churches in Maharashtra began asking worshippers to sign declarations that their participation in prayer meetings was voluntary, fearing that ordinary religious activity could be misconstrued as an attempt at conversion.

Article 25 does not say that Indians may believe whatever the district magistrate considers acceptable. It protects freedom of conscience and the right to profess, practise and propagate religion, subject to constitutional limitations. The State may punish coercion and fraud. It has no mandate to become the gatekeeper of belief.

The Maharashtra government may call this a Freedom of Religion Act. But freedom becomes a curious thing when one must first notify the government, expose one's decision to relatives and risk criminal proceedings before exercising it.

That is not freedom of religion; this is no better than the Taliban; this is terrorism.

Recent Posts

Artificial Intelligence (AI) is overwhelming us today! AI, as we all know, is about communication, information, data mining, and much more. It shapes the way we think and even determines our behaviour
apicture Cedric Prakash
19 Oct 2026
The Indian Catholic Press Association, in collaboration with the Mumbai Province of the Salesians of Don Bosco, takes immense pride in conferring the Fr. Louis Careno Award for Excellence in Journalis
apicture ICPA
19 Oct 2026
The Indian Catholic Press Association (ICPA) proudly presents the ICPA Award for outstanding contribution to the cause of Scheduled Castes and Dalit communities, sponsored by the CBCI Office for Sched
apicture ICPA
19 Oct 2026
The Indian Catholic Press Association (ICPA), in collaboration with the Society of St Paul, takes immense pride in presenting the prestigious James Alberione Award to
apicture ICPA
19 Oct 2026
The Indian Catholic Press Association (ICPA), in collaboration with the Society of St Paul, proudly confers the prestigious J. Maurus Award upon renowned Jesuit author
apicture ICPA
19 Oct 2026
The Indian Catholic Press Association (ICPA), in collaboration with the Central India Province of the Society of the Divine Word (SVD), takes immense pride in conferring the ICPA–SVD Swami Devanand Ch
apicture ICPA
19 Oct 2026
We, the members of the Indian Catholic Press Association (ICPA), met for the 31st National Convention of Christian Journalists on 19-20 September 2026 at Paalanaa Bhavana, Benson Town, Bengaluru.
apicture ICPA
19 Oct 2026
It was a friend in Houston, Texas, who first alerted me to the news that the Nobel Peace Prize for 2026 had gone to Navi Pillay, a South African jurist of Indian origin. He also sent me her photograph
apicture A. J. Philip
19 Oct 2026
The controversy over SIR and alleged voter deletions demands a united democratic resistance. Rahul Gandhi's efforts to bring opposition parties, civil society and student activists together are signif
apicture Jacob Peenikaparambil
19 Oct 2026
On September 18, 2025, Leader of the Opposition in the Lok Sabha Rahul Gandhi called a press conference in New Delhi and accused the Election Commission of India of facilitating what he called "vote c
apicture John Dayal
19 Oct 2026