Relevance: GS Paper II (Polity & Secularism) | Source: The Hindu / The Indian Express

Recently, the Maharashtra government introduced the Dharma Swatantrya Bill, 2026. This proposed law aims to stop religious conversions that happen through force, fraud, or allurement (greed). 

• While many Indian states have similar anti-conversion laws, Maharashtra’s new bill has a very unique and controversial rule regarding children born from interfaith marriages.

Key Rules of the New Bill

• Advance Notice: Anyone who wants to freely change their religion must inform the District Magistrate in writing 60 days in advance.
• Strict Punishments: Forced or fake conversions can lead to a 10-year jail term and heavy fines.
• Wide Definition of “Greed”: The bill says “allurement” is not just giving money. It also includes giving promises of a better lifestyle, “divine healing” (miracle cures), or simply praising one religion over another.
• The Unique “Child’s Religion” Rule: If an interfaith marriage is found to be done illegally just for the sake of conversion, the marriage can be cancelled by the court. More importantly, any child born from this marriage will automatically be assigned the mother’s original religion (the religion she followed before getting married).

Why are People Concerned? (Constitutional Issues)

• Against Freedom of Religion (Article 25): The Constitution gives every citizen the fundamental right to freely choose and practice any religion. Critics say terms like “divine healing” or “glorification” are too vague and can be misused by the police to stop normal, peaceful religious prayers.
• Against Personal Liberty (Article 21): The government deciding the religion of a child and interfering in consensual interfaith marriages goes against an adult’s Right to Privacy, dignity, and freedom to choose a life partner.
• Guilty Until Proven Innocent: In normal laws, the police have to prove you committed a crime. But under this bill, the rule is reversed. The accused person has to prove in court that they did not force the conversion.

The Way Forward

1. Clear Supreme Court Guidelines: The Supreme Court is currently looking into similar state laws. It must clearly draw a line between what is a “forced” conversion and what is a “voluntary” change of faith so that innocent interfaith couples are not harassed.
2. Use Existing Laws: To punish actual fraud, kidnapping, or blackmail, the police can simply use the regular criminal laws (like the Bharatiya Nyaya Sanhita) instead of creating harsh religious laws that target specific communities.

UPSC Value Box

• Why this matters for society: India is a secular democracy. When the government interferes too much in personal faith and marriage, it creates fear, divides communities, and hurts social harmony.
• Challenge: How does a democratic state protect poor and vulnerable people from brainwashing or fake promises without destroying the basic constitutional right to freely choose one’s own faith?

One Line Wrap: The government has a duty to stop forced conversions, but it must not cross the line into moral policing and destroying secular constitutional values.

Q. “Anti-conversion laws in India often create a conflict between public order and personal liberty.” Discuss this statement keeping in mind the controversial provisions of the Maharashtra Dharma Swatantrya Bill, 2026. (15 Marks, 250 Words)

Model hint:

• Intro: Mention the Maharashtra Dharma Swatantrya Bill, 2026 and its main goal (stopping forced conversion).
• Body: * Controversial Rules: Mention the 10-year jail term, 60-day notice, and the unique rule where a child is forced to take the mother’s original religion.
  • The Conflict: Explain how these rules violate Article 21 (Right to Privacy/Choice of Partner) and Article 25 (Freedom of Religion). Highlight the risk of misusing vague words like “divine healing”.
• Conclusion: Conclude that while stopping fraud is necessary, laws must pass the test of constitutional proportionality and not become a tool to harass consenting adults.