Maharashtra bill proposes declaring marriages void over unlawful conversion

ABanker's bill tabled in the Maharashtra assemblage on fri provides for declaring marriages deemed to be solemnised for “ wrongful conversions” as void and void, and says children born from such unions will belong to the religion of the mother before the marriage, and their custody shall remain with them.Minister of state for home Pankaj Bhoyar tabled the Maharashtra Freedom of Religion Bill and it is expected to be taken up for discussion on Monday.The bill says a child born out of such a wedlock will have succession rights to the property of both parents in accordance with the prevailing laws applicable to them. “The child shall be entitled to maintenance as per the provisions of section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The custody of the child shall be with the mother unless the court decides otherwise.”The bill is widely seen as an attempt to crack down on religious conversions through marriage, particularly between Hindu women and a non-Hindu men, which require the woman to convert to the other religion. Right-wing groups call such unions “love jihad” to describe an alleged Muslim conspiracy to woo Hindu women, although courts and the Union government do not officially recognise it.The bill seeks to make “unlawful religious conversion” a cognisable and non-bailable offence, punishable with imprisonment of up to seven years and a fine of up to ₹5 lakh. It provides for a 60-day notice for anyone intending to convert to the designated authority, or the district collector, whose permission must be obtained before changing faiths. The bill provides for registering the conversion within 21 days, failing which it will be considered null and void.Repeat offenders may face imprisonment of up to 10 years and a fine of up to ₹7 lakh. Institutions and organisations found to be involved in “unlawful conversions” may face cancellation of registration. Those in charge of such institutions may face imprisonment of up to seven years and a fine of ₹5 lakh.In cases of conversions of Scheduled Castes or Scheduled Tribes, the term of imprisonment may extend up to seven years, and the fine up to ₹5 lakh.The bill seeks to make “aiding, abetting, counselling, persuading, or procuring” another person for such conversion punishable. Individuals responsible for the execution, endorsement, or attestation of documents related to such conversions may also be treated as aiding and abetting the offence and will be liable for similar punishment.The proposed law says any religious conversion carried out through “allurement, coercion, deceit, force, misrepresentation, or other fraudulent means” will be considered unlawful. The burden of proof will lie on the accused.The objectives of the bill says the right to freedom of religion under the Constitution is not absolute, but subject to public order, morality, and the fundamental rights of citizens. “Instances of religious conversions which are forceful, involuntary or caused by influencing the free consent of citizens have been increasing, causing disturbance to public order and social harmony… Since the existing laws are not sufficient to tackle unlawful religious conversions, this law is considered expedient.”