Maharashtra’s Anti-Conversion Act Unconstitutional, Says Waris Pathan

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The law triggers a fresh political and legal debate over the balance between preventing forced conversions and protecting the right to freedom of religion

MUMBAI — Political reactions have intensified after the Maharashtra government’s anti-conversion law officially came into force. The legislation, aimed at preventing religious conversions through force, fraud, coercion or inducement, has drawn criticism from opposition leaders, including AIMIM leader Waris Pathan, who described it as “against the Constitution.”

The law, officially titled the Maharashtra Freedom of Religion Act, 2026, was passed by the Maharashtra Legislature during the Budget Session earlier this year. After receiving the assent of President Droupadi Murmu, it was published in the state gazette on 30 July and has now come into force across Maharashtra.

Reacting to the development, Waris Pathan strongly opposed the legislation.

“This law is against the Constitution and the law of the land,” Pathan said while criticising the Act after it became operational.

His remarks have added to the political debate over the law, with opposition voices questioning whether it could affect the constitutional right to freely choose and practice one’s religion.

The Maharashtra government, however, has defended the legislation, saying its purpose is to prevent religious conversions carried out through force, deception, undue influence, misrepresentation or financial inducement.

According to the new law, any person wishing to convert voluntarily must submit a written declaration to the District Magistrate at least 60 days before the proposed conversion. After the conversion, the individual must also complete the legal procedures laid down under the Act.

The law states that any religious conversion carried out through force, coercion, fraud, false representation, undue influence, allurement or the promise of marriage will be treated as a criminal offence.

A person found guilty for the first time can face imprisonment of up to seven years. A second conviction can result in a prison sentence of up to ten years.

Another provision allows not only the alleged victim but also parents, siblings and other close relatives to file a police complaint regarding an alleged illegal conversion.

Defending the legislation, Maharashtra Chief Minister Devendra Fadnavis said the Act is intended only to stop conversions carried out through force, fraud and inducement.

The chief minister clarified that voluntary religious conversions and marriages between people of different faiths do not fall within the scope of the law.

With the implementation of the legislation, Maharashtra has joined several other Indian states that already have similar anti-conversion laws in place. These include Uttar Pradesh, Madhya Pradesh, Odisha, Chhattisgarh and Himachal Pradesh.

The law has triggered a fresh political and legal debate over the balance between preventing forced conversions and protecting the constitutional right to freedom of religion. While the state government maintains that the Act is aimed only at illegal conversions, critics, including Waris Pathan, argue that its provisions raise constitutional concerns and could affect religious freedom in practice.

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