Petition Filed against Maharashtra Freedom of Religion Act, 2026 in Bombay HC

NewsBharati    11-Sep-2026 14:44:20 PM
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Mumbai , September 11: A petition has been filed before the principal bench of the Bombay High Court challenging the constitutional validity of the Maharashtra Freedom of Religion Act, 2026. The petition has been filed by 70-year-old Islamic scholar Maulana Halimullah Farooque Ahemed Khan in Maulana Halimullah Farooque Ahemed Khan v. State of Maharashtra & Ors.
 
Freedom of Religion Act,
 
The petitioner has argued that several provisions of the newly enacted law violate fundamental rights guaranteed under the Constitution. The plea accepts that forced or fraudulent marriages and conversions can be regulated, but argues that the law cannot be used for state surveillance of consensual inter-faith relationships or voluntary religious conversions.
 
The petition states that choosing a life partner and deciding one's faith are matters of personal autonomy, dignity, privacy and decisional freedom, protected under Articles 21 and 25 of the Constitution.
 
The plea has also challenged Section 9(2), which prescribes enhanced punishment for conversion of women. The petitioner has described the provision as gender-discriminatory.
 
Another major challenge concerns Section 2(a), which defines "allurement". The petition argues that the definition is vague and overly broad, particularly because it includes terms such as "better lifestyle" and "divine healing."
According to the plea, such provisions could restrict legitimate religious teaching, charitable work, humanitarian activities and religious discourse. It further argues that the possibility of arrest, criminal proceedings, mandatory disclosure of personal information and public scrutiny could discourage individuals and religious organisations from carrying out lawful activities.
 
 
 
The petition has also challenged the law's requirement of a 60-day notice before changing one's religion. It argues that this requirement exposes an individual's private faith decision to public scrutiny and state inquiry.
 
The petitioner maintains that when a person voluntarily changes religion, the state's inquiry should be limited to determining whether the decision was made freely and with informed consent. The state, the plea argues, should not investigate a person's beliefs, motivations or reasons for the decision merely because they received religious instruction, persuasion or lawful charitable assistance.
 
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The plea has further challenged Section 13, which places the burden of proof on the accused. According to the petitioner, this provision undermines procedural fairness and the basic principle of presumption of innocence.
The petition seeks a declaration that the Act, or its unconstitutional provisions, be struck down. Alternatively, it has sought that the provisions be read down strictly to cases involving actual force, fraud or coercion.
The petition was filed through advocate Mateen Shaikh.
 
The challenge comes weeks after the Nagpur Bench of the Bombay High Court dismissed a similar petition on August 21 over vague pleadings. The court had imposed costs but granted liberty to file a fresh petition after carrying out thorough research.




Bombay High Court Bombay High Court Section 9(2) Articles 21 Section 2(a) Nagpur Bench