MUMBAI: The state cabinet has approved the controversial Freedom of Religion Bill to crack down on religious conversion through marriage, or what certain right-wing organisations call “love jihad”, though the law recognises no such terminology.
The bill was approved on Thursday, paving the way for its passage into law during the ongoing budget session of the state legislature. If passed, Maharashtra will become one of the few Indian states to enact a law granting the government power over its citizens’ right to love and choose a spouse.
The law, which goes by different names in other states, aims to stop “love jihad”, a controversial term used by Hindu nationalists, who believe that Muslim men are luring Hindu women to convert them to Islam through marriage.
The Freedom of Religion Bill makes such an interfaith marriage a cognisable, non-bailable offence if the couple’s families object to the marriage as it implies “conversion by force and allurement”. A cognisable offence carries a minimum prison sentence of seven years, whereas states such as Gujarat and Madhya Pradesh have mandated a sentence of 10 years under their “love jihad” laws.
Under the proposed law, the interfaith couple must get the marriage cleared by the district collector as well as their respective families. The Hindu woman must also give 60 days’ notice before converting to Islam. In addition, the couple must confirm that there is no objection from their respective families, said an official with the state home department.
Thereafter, the conversion must be registered within 25 days. Failure to do so would render the marriage null and void, said the official.
If family members complain in response to the notice, police will register a case and investigate.
According to the proposed law, any person who induces, deceives or coerces another person into converting from one religion to another will face imprisonment of up to seven years and a fine of ₹1 lakh if found guilty. Those found guilty of converting minors, persons with mental disabilities, women or individuals belonging to Scheduled Castes or Scheduled Tribes, as well as those involved in mass conversions, will face up to seven years’ imprisonment and a fine of ₹5 lakh. Repeat offenders may face up to 10 years in prison and a fine of ₹10 lakh.
The law also provides that any marriage conducted with the intention of illegal religious conversion may be declared void by a court. If a child is born after a marriage following conversion, the child will be considered to follow the mother’s religion.
The district collector will have the power to annul conversions carried out through improper means.
Why religious freedom
The bill gets its “Freedom of Religion” slant from politicians and lawmakers who believe they are protecting Hindu women from being converted to Islam and are thus upholding and protecting “freedom of religion”.
After the cabinet green-lighted the bill on Thursday, state fisheries minister and BJP leader Nitesh Rane announced its approval at Vidhan Bhavan. Rane said the government would soon issue a notification, signalling its implementation. “Nobody will dare convert our Hindu girls forcefully or by allurement. The bill is part of our government’s assurance during the assembly polls in 2024,” said Rane.
“The bill is modelled on laws passed in Gujarat, Madhya Pradesh and other states. It has been framed under a constitutional framework and is not likely to be challenged in court,” he said.
The controversial matter of “love jihad” was raised by the ruling Mahayuti alliance during the Lok Sabha election campaign in 2024, when the BJP’s Devendra Fadnavis, deputy chief minister at the time, claimed that forced conversions had taken place in many parliamentary constituencies in Maharashtra. Besides, several Hindu right-wing outfits, as well as BJP leaders such as Nitesh Rane, have been vocal against “love jihad”.
Then, in February last year, the Mahayuti government took its first step towards giving its stand on this alleged form of religious conversion legal teeth. To make its point abundantly clear, the BJP-led government chose Valentine’s Day, a day that celebrates love, to announce the setting up of a committee headed by the state police chief to study the “love jihad” laws in other states. The committee then submitted a draft law to prevent such “fraudulent or forced conversions”. The bill, now cleared by the cabinet, was finalised by the home department.