Mumbai: A petition filed in the Bombay high court has challenged the constitutional validity of the Maharashtra Freedom of Religion Act 2026.
The petition also challenged the mandatory 60 day notice before change of religion.
The petition, filed by Maulana Halimullah Khan, said it infringes on fundamental rights. He said while preventing forced or fraudulent marriages and religious conversions is a legitimate state objective, the law cannot extend to “monitoring consensual interfaith relationships or voluntary changes of faith”. The threat of criminal proceedings, arrest, non-bailable prosecution, mandatory disclosure of personal information and public scrutiny under the act could deter “individuals and religious organisations from engaging in lawful teaching, preaching and charitable work”.
Among the sections the petition challenged was one which prescribes enhanced punishment for conversion of women, saying the provision was discriminatory on the basis of gender.
Because they may have been exposed to religious instruction, persuasion or lawful charitable activities, it said it cannot investigate an individual’s beliefs , motivations or reasons merely. You Can Also Check: Gold Rate in Mumbai | Silver Rate in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai | Mumbai AQI | Weather in Mumbai | Petrol Price in Mumbai | Diesel Price in Mumbai | CNG Price in Mumbai | LPG Price in Mumbai Stay updated with the latest Mumbai news.
The petition said when a person voluntarily chooses to change their religion, the state’s inquiry should be limited to determining whether the decision “was free, voluntary and based on informed consent”. It urged the high court to declare the act “unconstitutional” or, alternatively, to read down the provisions and restrict application strictly to cases involving actual force, fraud or coercion. Download the TOI App.