John Dayal
It has been clear for some years now that anti-conversion laws were not created to stop conversions to Christianity by force and fraud, two oxymoronic terms in a Hindu-majority nation where political, economic and administrative power vests overwhelmingly in the majority community itself.
Their real purpose has always been to radicalise the people and mould them into a permanent vote bank for majoritarian, self-styled nationalist parties, and most of all, their fanatical leaders with dictatorial ambitions and a pedigree of hate and lame.
The Maharashtra Freedom of Religion Act, 2026, now being operationalised, is the latest addition to this list, and among the worst.
The Act received presidential assent on July 31, 2026, and was published in the state's official gazette a day earlier, on July 30. The state Home Department has now issued a notification fixing August 28, 2026 as the date on which it comes into force.
Maharashtra thereby becomes the thirteenth Indian state to enact such a law, joining a roster that began with Odisha in 1967 and has grown steadily more punitive with each successive addition since the wave of amendments that followed 2014.
That this progression has occurred almost entirely in states governed, or until recently governed, by the Bharatiya Janata Party or its allies is not incidental, but the pattern itself.
The Act's stated architecture is by now familiar to anyone who has followed this legislative genre across Uttar Pradesh, Madhya Pradesh, Chhattisgarh, Uttarakhand, Haryana, Jharkhand and elsewhere, as this writer has done very closely over the decades, whether the central government was ruled by the BJP or by the Congress or some other coalition.
It prohibits conversions carried out through force, coercion, fraud, allurement, misrepresentation, undue influence or false promises of marriage, formulations broad and elastic enough to be read into almost any act of religious persuasion a complainant wishes to characterise as improper, with the "marriage" clause put in when the BJP came to power in some states and the Centre, and wanted to specifically target young Muslim men.
First-time offenders face up to 7 years in prison and a fine of 1 lakh rupees, while repeat offenders face up to 10 years in prison and a fine of 5 lakh rupees.
Stricter penalties again apply where the person converted is a minor, a woman, a member of a Scheduled Caste or Scheduled Tribe, or a person of unsound mind, categories chosen less for any evidence of heightened vulnerability to fraud than for their rhetorical value in casting the law as protective rather than punitive.
The procedural apparatus is where the Act does its real work: a person intending to convert must now give sixty days' prior notice to the district magistrate and file a further declaration after the conversion has taken place.
Complaints may be lodged not only by the convert but also by parents, siblings, or other close relatives, and the police are obliged to register them. Because the offences created are cognisable and non-bailable, an accused person can be arrested without a warrant and denied bail as a matter of course rather than as an exception.
Taken together, these provisions convert what ought to be a private matter of conscience, protected under Article 25 of the Constitution, into a bureaucratic process conducted in public, open to objection by relatives who may have every reason to resent a family member's choice, and policed by an apparatus whose default posture, once a complaint is filed, is arrest first and adjudication later.
The 60-day notice period does not actually protect the convert, whose decision in any functioning liberal democracy would be the private business of the individual and, at most, their immediate household, but is now made public because it must be lodged with a district magistrate for two months. During this time, the intending convert's family, neighbours, employer, and local religious or political activists may all become aware of it and act on that knowledge before the conversion has even occurred.
The declaration requirement that follows compounds this by placing the burden of proof on the person who facilitated the conversion, typically a pastor, priest or lay evangelist, who must now demonstrate the absence of allurement or undue influence in what was, on any honest reading, an act of voluntary faith.
Genuine, voluntary conversion becomes, under this scheme, a legally hazardous undertaking. In contrast, the fabricated conversion that the law claims to be targeting was never, in any documented sense, the actual scale of the problem it purports to solve.
Even before the Act's formal enforcement date, its climate had already arrived with activists documenting, between April and July 2026, as many as nine First Information Reports of five separate disruptions of Sunday prayer meetings across the Mumbai metropolitan region, in Vasai, Virar, Mira-Bhayandar, Thane and Palghar.
The pattern in each case was near-identical: groups identifying themselves as Bajrang Dal or Vishva Hindu Parishad workers entered halls where Christians had gathered to worship, raised objections to what they alleged were conversions taking place, and summoned the police.
In the great majority of these incidents, it was not the disruptors but the organisers and worshippers against whom FIRs were filed. Pastors in the affected areas have taken to distributing self-declaration forms during services, asking those present to confirm in writing that they are praying of their own free will.
A statute has, in effect, been enforced by vigilante proxy weeks before it acquired the force of law, and the state's police machinery has, in case after case, treated the vigilantes' complaint rather than the worshippers' assembly as the matter requiring investigation.
The operationalisation of the Act will almost certainly intensify this pressure rather than relieve it.
Christians and Muslims across Maharashtra fear, with good reason, that the law will encourage further politically inspired violence and further misuse of its provisions, and that it will help entrench what can only be described as a communal mafia, a loose but effective network of self-appointed enforcers who profit, in standing and occasionally in money, from the subjugation of religious minorities under cover of law.
As a journalist reporting communal violence in the country in the last quarter of the last century, this reporter had known that Maharashtra was not a state without memory of where such dynamics lead.
The Bombay riots of 1992 and 1993, in which more than nine hundred people died in the city now called Mumbai, remain the starkest reminder of how quickly communal suspicion can convert into organised violence once it is given institutional legitimacy.
More recent flashpoints in Nagpur and Sangli show that the underlying tinder has not gone away; it has simply been waiting for fresh kindling. A law that hands legal cover to those inclined to treat a prayer meeting as a crime scene is precisely that kindling.
There possibly may be instances of fraud and coercion in matters of religious conversion, but, India's ordinary criminal law already supplies ample instruments against fraud, coercion, cheating and criminal intimidation, applicable regardless of the religious context in which they occur, and applicable equally, on paper at least, to a Hindu who coerces a Christian back into Hinduism in the name of Ghar Wapsi as to a Christian who is alleged to have coerced a Hindu the other way.
What the specialised anti-conversion statutes add is not a remedy against a documented wrong but a presumption against a disfavoured community, operationalised through notice requirements, reversed burdens of proof and non-bailable offences that exist nowhere in the general law and are reserved specifically for this one category of conduct.
No Indian legislature has yet found it necessary to require 60 days' notice before a Hindu may become a Sikh, or a Sikh a Buddhist, notwithstanding that conversions in that direction occur with some regularity and without any comparable legislative anxiety.
Religion and its free profession, practice, and propagation are matters the Constitution places squarely within the fundamental rights chapter, binding on every state government and, in principle, insulated from the ordinary run of state legislative competence in matters of public order.
That 13 states have nonetheless been permitted to legislate their way around this protection, each framing its statute as a public-order or law-and-order measure falling within the state list, reflects either a genuine and troubling gap in the constitutional architecture or a judiciary that has been slow, across successive challenges, to close it.
The Supreme Court has had opportunities, in petitions arising from earlier state laws, to test these statutes squarely against Articles 25 and 26 and has so far declined to deliver the definitive constitutional reckoning the moment requires, as people who have moved PILs in various states and in the Apex Court, including this writer, have seen.
Each new state law that receives presidential assent without serious scrutiny widens the gap between the Constitution's text and its practice, and each one makes the eventual judicial correction, whenever it comes, that much harder to deliver against a wall of accumulated legislative precedent.
Maharashtra as the 13th state to legislate in this manner carries its own significance as it is not a not a small, culturally homogeneous state, such as Uttarakhand, where such a law might pass with limited practical consequence, but is India's most industrialised state, home to its financial capital, and a place whose Christian population, concentrated in Mumbai, Vasai, Thane and Goa-adjacent Konkan districts, traces its presence back not to any recent missionary wave but to Portuguese-era Catholic communities that predate the Indian republic itself by centuries.
Many of the families now facing FIRs for attending Sunday service in Vasai or Virar are the descendants of Goan and East Indian Catholics who have lived on that coastline since long before Maharashtra existed as a linguistic state, and to subject them, in 2026, to a 60-day bureaucratic notice period before they may formally embrace a faith that in some cases their own families have practised for generations, is not merely disproportionate, but an act of historical amnesia dressed up as vigilance.
There is, finally, a plain matter of consistency that Indian public discourse has been reluctant to confront — the same political ecosystem that has enacted these 13 state laws, and that celebrates each new one as a triumph against forced conversion, maintains an active and well-funded diaspora lobby in Western democracies demanding, correctly, that Hindus abroad enjoy full and unimpeded religious freedom, protection from discrimination, and the right to build temples, celebrate festivals and propagate their faith without state interference.
That demand is a legitimate one, and Hindus everywhere are entitled to make it, but a movement cannot coherently ask liberal democracies to extend to its own diaspora the very freedoms it is simultaneously legislating away from religious minorities at home.
Such laws have no place in a modern, constitutional democracy, least of all in one whose own citizens abroad rightly insist on being treated better than the law now proposes to treat Christians and Muslims in Maharashtra.
The chilling effect of all this reaches well beyond the individuals directly named in an FIR. A pastor who now distributes self-declaration forms before every service is not merely following legal advice; he is signalling to his congregation, week after week, that the state regards their presence in that hall as a matter requiring documentary defence.
A worshipper who signs such a form is being asked, in effect, to certify their own innocence in advance of any accusation, a reversal of the ordinary presumption that ought to trouble anyone who still believes the Constitution means what it says.
Congregations that have gathered quietly for decades, in some cases since the nineteenth century, now find themselves treated as sites of latent criminality, their hymn-singing and their scripture readings potential evidence in a case yet to be filed.
Twenty civil society organisations have already put their names to a statement opposing this Act, a coalition spanning church bodies, human rights groups and secular constitutional watchdogs that recognise the law for what it is rather than for what its preamble claims it to be.
Their intervention will not, on its own, halt the notification due to take effect on August 28, but, it did place on record, ahead of the inevitable litigation and the inevitable further incidents that this law will generate, that the Act was contested from the outset, by name, by twenty organisations willing to say publicly what the FIRs from Vasai to Palghar have already demonstrated in practice: that Maharashtra's Freedom of Religion Act protects no one's freedom, and was never intended to.