Burden of proof in conversion cases falls on accused: what it means

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The Maharashtra government has introduced a new draft law this week that would tightly regulate religious conversions, triggering immediate debate over its impact on interfaith couples, religious organisations and civil liberties. Lawmakers say the measure is aimed at stopping conversions carried out through coercion, fraud or inducement, but critics warn its provisions could criminalise ordinary social and religious activity.

What the bill requires

Under the proposed Maharashtra Freedom of Religion Bill, 2026, anyone planning to change their religion — and any person or body arranging the conversion — must notify a designated state authority well before the event. The authority would publish the conversion details locally and invite public objections, and converts must file a follow-up declaration after the ceremony.

  • Advance notice: A minimum 60-day written notice to the competent authority before a conversion.
  • Public display: Details posted at the authority’s office and at the local village panchayat or municipal office, with a 30-day window for objections.
  • Post-conversion declaration: The convert and organisers must submit a declaration within 21 days of the conversion.
  • Who can complain: Any person — including parents, siblings or other relatives by blood, marriage or adoption — may file a police complaint alleging unlawful conversion; police are required to register such FIRs.
  • Burden of proof: The bill places the onus on those who organised, aided or abetted the conversion to prove it complied with the law.

Penalties and definitions

Penalties proposed are substantial. Individuals found responsible for unlawful conversion would face prison terms and fines; organisers of mass conversions could face even heavier punishment.

Key sanctions in the draft include a jail term of up to seven years and a fine of Rs 1 lakh for those “involved” in illicit conversions, with similar jail terms for mass conversions and fines raised to Rs 5 lakh. Repeat offenders could face up to ten years behind bars and larger fines. The bill lists inducements that would be treated as illegal — ranging from gifts and employment offers to promises of education, improved living standards or so-called healing.

Children and marital relationships

One distinctive clause addresses children born after a marriage or a relationship resembling marriage that stems from a conversion the law deems unlawful. In such cases the child would be deemed to belong to the religion the mother adhered to before the marriage or relationship.

Supporters’ rationale

The government framed the legislation as an attempt to protect citizens’ freedom of faith from organised or coercive conversion campaigns. Introducing the bill, Minister of State for Home Pankaj Bhoyar said the move mirrors steps taken by several other Indian states and cited constitutional limits on religious freedom where public order, morality or health can justify restrictions. The bill’s text also references Supreme Court rulings stressing that the right to propagate religion does not include forcing someone to change their faith.

Critics, legal risks and political context

Civil society groups and some religious organisations moved quickly to condemn the measure. Representatives say it was brought forward without consultation and risked undermining individual conscience and the freedom to marry across faiths.

“We are disappointed this came to the assembly without stakeholder dialogue,” said Dolphy D’souza of the Bombay Catholic Sabha, calling for the bill to be referred to a select committee for detailed review. Opponents argue that several clauses could be constitutionally vulnerable and open to misuse against minority communities and NGOs.

Similar laws in other states — including Karnataka, Uttar Pradesh, Uttarakhand and Madhya Pradesh — have already faced court challenges. High courts have temporarily stayed portions of those statutes, and appeals have reached the Supreme Court. Legal observers say Maharashtra’s version is likely to face immediate judicial scrutiny if it becomes law.

What this means for citizens and organisations

The bill, if enacted as drafted, would alter how conversions are reported and policed, affecting:

  • Interfaith couples, who may have to navigate extra administrative steps and public objection periods;
  • Faith-based charities and missionary organisations, which would need to document consent and avoid any activity that could be construed as an inducement;
  • Local officials and police, who would be required to accept and process complaints and could see a rise in FIRs tied to religious disputes.

For now, the measure remains a proposed law introduced in the state assembly. Legal battles, political debate and public consultation — or their absence — will determine whether it is tightened, amended or struck down. The bill also revives promises made by the ruling party during the last election cycle to curb what it described as “love jihad,” a charge critics call politically motivated.

With courts across several states already testing anti-conversion statutes, the Maharashtra proposal adds a fresh legal and social flashpoint that could reach the Supreme Court and shape how conversion issues are regulated nationwide.

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