The petition says the Act impermissibly infringes the constitutionally protected rights to dignity, privacy, individual autonomy, freedom of conscience, religious liberty and secularism

Published on: Sep 12, 2026, 07:55:00 IST

Prefer HTon Google

Share via
Copy link

MUMBAI: A petition has been filed before the Bombay High Court challenging the constitutional validity of the Maharashtra Freedom of Religion Act, 2026, arguing that while the state may legitimately enact measures to prevent conversion brought about by force, fraud, coercion, or other means that vitiate free and informed consent, some of the Act’s provisions “travel beyond this permissible objective”.

The petition, filed by a 70-year-old Islamic scholar, Maulana Halimullah Farooque Ahemed Khan, says the Act impermissibly infringes the constitutionally protected rights to dignity, privacy, individual autonomy, freedom of conscience, religious liberty and secularism. It adds that the Act is liable to be struck down on the grounds of “manifest arbitrariness, vagueness, disproportionality and unreasonable interference” with the fundamental rights guaranteed under the Indian Constitution.

Maharashtra in July became the 12th Indian state to notify an anti-conversion law. The law criminalises religious conversions carried out through force, allurement, fraud, inducement, or marriage by making them cognisable offences. This includes interfaith marriages where conversion is alleged to have taken place through such means, particularly if objections are raised by the families of either party.

The petition filed, filed through advocate Mateen Shaikh, argues that the definitions of “allurement” and “unlawful conversion” in the Act are vague and subjective, which leaves excessive discretion in the hands of prosecuting authorities and may result in the criminalisation of legitimate charitable, educational, humanitarian and religious activities, besides having a “chilling effect” on protected speech, propagation of religion and association.

It also emphasises that the state’s power cannot extend to subjecting consensual inter-faith relationships, marriages or voluntary changes of faith to surveillance or heightened scrutiny merely because the parties profess different religions. “Choice of a life partner and the decision concerning one’s faith constitute facets of personal autonomy, dignity, privacy,” the petition adds.

Among the Act’s most controversial provisions is the requirement that a person intending to convert must give 60 days’ notice to the designated authority. According to Khan, this provision permits “excessive and unguided executive discretion and imposes an arbitrary and disproportionate restraint upon the fundamental rights of the citizens”.

Pointing out that the Act provides for stringent punishments and procedural consequences, including enhanced penalties and cognizable and non-bailable offences, the petition says this results in an “excessively harsh statutory regime” that facilitates the possibility of arbitrary prosecution and harassment.

“Where a person voluntarily chooses to change his or her religion, the constitutional inquiry must be confined to whether such a decision was made freely. The state cannot legitimately investigate the individual’s beliefs or reasons for such a choice,” the petition says, while seeking a stay on the implementation and execution of the Act.

Catch every big hit, every wicket with Crickit, a one stop destination for Live Scores, Match Stats, Infographics & much more. Explore now!



Stay updated with all the Breaking News and Latest News from Mumbai. Click here for comprehensive coverage of top Cities including Bengaluru, Delhi, Hyderabad, and more across India along with Stay informed on the latest happenings in World News.

See Less