Civil society groups oppose Maharashtra religion law, flag constitutional risks
The Joint Civil Society on Monday (24 August 2026) opposed the Maharashtra Freedom of Religion Act, 2026, calling it a serious threat to Constitutional freedoms, privacy and social harmony, days before the Act is set to come into force on August 28, 2026.
In a statement, the coalition of civil society groups said provisions requiring prior notice, declarations, reporting and police scrutiny of religious conversions could subject matters of faith, marriage and personal choice to intrusive State oversight.
The group also cited the recent invocation of the Act by Pune police in two FIRs before the law was due to come into force. Police subsequently removed the provisions after the State government notified August 28 as the commencement date.
The Joint Civil Society said its main concerns included third-party complaints, reversal of the burden of proof, cognisable and non-bailable offences, and the broad definition of “allurement”, which it said could place legitimate charitable, educational and religious activities under scrutiny.
The coalition also argued that the Act disproportionately affects women, young adults, Dalits and Adivasis by restricting their autonomy in matters of faith and relationships. It said mandatory disclosures and police inquiries were difficult to reconcile with Constitutional protections of religious freedom, privacy, dignity and personal liberty.
Advocate Irfan Engineer, advocate Lara Jesani, Tushar Gandhi, retired Justice Abhay Thipsay, Father Frazer Mascarenhas and Sandhya Gokhale spoke against the Act at the group's meeting.
Father Mascarenhas questioned whether free or affordable education and religious healing services could be construed as “allurement” under the law. “How can education be considered inducement to convert?” he asked, warning that the provisions could affect religious organisations as well as the communities they serve.
“The law is such that anyone can make an allegation, but I have to prove it. Healing services are a part of the practices of the Christian religion. How are we going to prove that we have not used inducement? This is not just an attack on religious organisations, but on the poor people,” he said.
Sandhya Gokhale said the law undermined the autonomy of consenting adults, particularly women, in choosing their faith and relationships. “Earlier, the government had released a government resolution on inter-caste/inter-religion, and police would go to homes to check whether this was happening. They couldn’t find anyone, and now they have this law. They don’t think of women as human or equal, but as objects. If we really want religious freedom, I think the child should have no religion when they are born, and once they reach the age of 18, they can decide for themselves what religion they want to accept. How can the government decide whose child belongs to which religion?” Ms. Gokhale said.
The coalition also pointed to the Constitutional challenge that is pending before the Supreme Court against similar anti-conversion laws in other States. It said provisions relating to prior declarations, police inquiries, third-party complaints, and marriage-related issues could have a chilling effect on inter-faith unions and the exercise of religious freedom.
The Joint Civil Society has urged the State government to reconsider the Act, arguing that it violates fundamental rights and sets a dangerous precedent for State interference in personal matters. The Act, once in force, will apply across Maharashtra and will require individuals undergoing religious conversion to obtain prior permission from the District Magistrate.
