Two crucial developments – one in Maharashtra and the other in Gujarat – in quick succession show two opposing sides of laws in the country. One raises concern about inter-faith marriages and the other a glimmer of hope for an individual’s fundamental right to choose one’s faith. The Maharashtra government passed its new anti-conversion law in haste and notified that it will come into effect from 28 August. The new legislation brings in stricter legal provisions against religious conversions that allegedly involve force, fraud, coercion, inducement, misrepresentation or undue influence. This piece of legislation raises deep anxiety among civil rights groups and Christian organisations as some of its provisions, it is being feared, could bring personal decisions on faith and marriage under greater State scrutiny. It is being claimed on Social Media that some pastors in Bombay are requesting their faithful to submit a written note, mentioning their Aadhaar number, that they attend Mass of their own accord.
On the other hand, the Gujarat case reinforces faith in the rule of law in matters of inter-faith relationships. The Gujarat High Court on 24 August directed the police to ensure that a woman, separated from her live-in partner following complaints by her parents, is allowed to join her partner “without any problem.” The woman, who is eight months pregnant, told the High Court that she had voluntarily chosen her partner, who was her neighbour belonging to a different faith. They became victims of the new anti-conversion and inter-faith marriage law that criminalised their freedom to choose their partners on the basis of third-party complaints – in their case, the woman’s parents.
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The Maharashtra Freedom of Religion Bill, 2026, was introduced during the Budget Session of the Maharashtra Legislature on 13 March and was passed by the Assembly on 16 March, followed by approval from the Legislative Council on 17 March. After being cleared by both Houses, the legislation was sent to Maharashtra Governor CP Radhakrishnan, who subsequently reserved it for the consideration of the President.
The Bill received assent from President Droupadi Murmu on 31 July, 2026, after which the Governor forwarded it to the state government for notification. Maharashtra becomes the 13th state in the country to pass similar laws. The speed with which the legislation moved through the state legislature had itself become a point of criticism as it did not give enough scope for public consultation or legislative scrutiny, despite the fact that similar anti-conversion laws enacted by other states are already under examination before the Supreme Court. Such laws were passed by five states between 2020 and 2023. This challenge has been pending in the Supreme Court, despite pleas for interim stays on the most egregious provisions for over five years now.
Seemingly, the BJP governments in different states took advantage of the delay in the judgment of the apex court and passed the laws that may not bear legal scrutiny for their provisions that purportedly go against fundamental personal rights enshrined in the Constitution. These laws raise questions about the separation of powers of the Judiciary and the Executive even in matters of individual faith and liberty. The matter has gotten repeatedly deferred after being listed for hearing since early this year, proving the adage that ‘deliberate delay is another form of corruption’. This has emboldened state governments to frame coercive legislation against conversions. These legal provisions put the exercise of an individual’s personal and religious choice under state surveillance.
The way Maharashtra government has issued a notification for the new laws to come into effect appears to confirm the BJP is going to rely on its core agenda of religious divide, as it does not have any answer to people’s livelihood issues and aspirations for jobs and education. No doubt there must be stringent punishment against forced or coerced religious conversions, but the new laws make a mockery of individual freedom to choose one’s life partner and faith, a space where government interference must be least.
