The law broadly prohibits conversion through marriage, pressure, lies, or promises. If you do any of those things and someone converts, you could go to jail for as long as seven years and be fined 100,000 rupees (about $1200 USD). The punishment is higher – seven years in jail and a 500,000 rupee fine – if a minor, a woman, someone with a mental health condition, or a member of a Scheduled Caste or Scheduled Tribe is involved. Large numbers of people converting at once will also get the tougher sentence. Someone who breaks this law more than once could be in jail for up to ten years and fined 500,000 rupees. The government says this law applies to any religion and is meant to be fair to everyone.
The person who converted, or their close family, can file a complaint. In some cases, other people can also go to the authorities, and the government says this is important because sometimes the victim might be scared to come forward. If a marriage is based on a conversion that’s against the law, and they have a child, that child will legally be considered to be the religion the mother had before she converted.
Legislators said they want to do this to avoid arguments about the child’s religion.
The 60-day notice to the District Magistrate is meant to make sure the conversion is truly the person’s own decision and isn’t because of trickery. Failing to tell the authorities about the conversion within 21 days can actually make the conversion not legally valid. Officials say keeping a record of conversions will help avoid future legal problems. Some lawmakers are worried the 60-day notice will limit a person’s religious freedom, which is protected by the constitution, but the government says these steps are okay because they’re about preventing people from being forced or deceived.
The government, through the Minister of State for Home Pankaj Bhoyar, says the law is to protect rights. They claim it doesn’t stop adults from changing their religion if they want to, but it will make sure it’s done freely, with all the facts, and without anyone being manipulated. They say they’re responding to reports of people being forced to convert, especially women and people who are easily taken advantage of. The Chief Minister said there have been cases where women were tricked into a relationship, then married, converted to a new religion, and then left, and the law is to stop this type of bad behavior – not to go after a certain religion.
Some lawmakers liked the bill and said it’s a good, fair law that goes after pressure and trickery, not religious belief.
Others wanted it to go to a committee of both houses of the legislature for even more review before it is put into practice. People who are against the bill worry it could be as strict, or even stricter, than similar laws in other states, and might discourage people from genuinely changing religions or getting married to someone of another faith. They don’t like the broad wording which they think could make it illegal to just sign papers relating to a conversion or to “brainwash” someone through education (though the meaning of ‘brainwash’ is unclear). Civil liberties groups are concerned these sections could be misused to stop perfectly legitimate religious or educational work.
If you are thinking about changing religions, you now have to plan to give 60 days’ notice, keep good records, and report the conversion within 21 days. Couples of different faiths who are planning to marry and including a conversion should get legal advice to avoid any problems with the conversion being considered invalid.
Religious groups and other organizations might need to improve how they follow the rules, provide clear proof that people are consenting, and make sure they aren’t using pressure or promises. They’ll need to train their staff and volunteers about what the law considers to be within its rules and how much risk there is.
The law will only work well if there are clear guidelines, standard forms and a timeline for things to happen to remove confusion. It’s important to have open and honest monitoring, to publish data on complaints and results, and a way to deal with complaints, to stop the law from being abused. The courts will likely have the final say on what words like ‘pressure’, ‘promises’, and ‘large conversions’ really mean, and will balance the state’s needs with a person’s constitutional rights to believe and associate as they choose.
How the authorities in Maharashtra understand ‘pressure’, ‘promises’, and ‘large conversions’ will be the biggest factor in how the law actually affects people. We need good monitoring and fair enforcement so the law stops abuse but doesn’t stop people being free to make their own choices.
