Maharashtra bishops protest religion law as unconstitutional

Church leaders say new law undermines freedom of belief, raises risk of harassment and criminalisation of legitimate religious activity, and call for immediate withdrawal or substantial revision.

MUMBAI, Maharashtra (Indian Catholic News) — Bishops in the state of Maharashtra have protested that the Maharashtra Freedom of Religion Act 2026, recently passed by the state assembly, undermines the right to choose and profess one’s religion guaranteed under the Constitution.

In a March 19 joint press release, the Western Region Bishops’ Council expressed “deep disappointment and strong protest” against the legislation, arguing it weakens rather than protects religious freedom.

“We, the Bishops in the State of Maharashtra, register our deep disappointment and strong protest against the so-called Maharashtra Freedom of Religion Act 2026, recently passed by the Maharashtra Assembly,” said the statement on the Archdiocese of Bombay website.

“Far from safeguarding religious freedom, this law, in its present form, effectively undermines the very right it claims to protect, i.e., the freedom to choose and profess one’s religion, as guaranteed under Articles 19, 21, and 25 of the Constitution of India.”

Concerns over interference in religious practice

The bishops said the law directly affects the internal practices of the Catholic Church, particularly its Rite of Christian Initiation of Adults (RCIA).

“The provisions of the Act amount to a direct and unjustified interference in the legitimate religious practices of the Catholic Church, particularly its Rite of Christian Initiation of Adults programme,” the statement said.

They reiterated that the Church opposes coercion in matters of faith. “The Catholic Church has consistently opposed forced conversions,” the bishops said, adding that its own Canon Law requires that “an adult seeking baptism must do so freely and after proper instruction.”

The RCIA process, they noted, is designed to ensure informed and voluntary decisions. “The RCIA process, which typically spans several months, is designed precisely to ensure that individuals make a well-informed and voluntary decision regarding their faith.”

Objections to legal provisions

The bishops raised particular concern about provisions requiring prior notice for conversion and allowing official scrutiny.

“Chapter III, Section 6 of the Act mandates that any individual intending to convert must submit a notice sixty days in advance to the Competent Authority,” the statement said.

“It further empowers the authorities to initiate a police inquiry into the ‘intention, purpose, or cause’ of the proposed conversion if objections are raised or suo moto.”

They warned that such provisions intrude into personal belief. “This provision intrudes deeply into the personal domain of conscience and belief, opening the door to scrutiny, suspicion, and harassment.”

The statement also criticised the potential legal consequences for clergy and believers. “In such circumstances, they face the threat of severe and disproportionate penalties, including imprisonment of up to seven years and heavy fines, despite the absence of any wrongdoing.”

The bishops added that “the shifting of the burden of proof on the accused, the lack of deterrent punishment on false allegations, and the broad, ambiguous language of the Act raise serious concerns regarding arbitrariness and potential misuse.”

Call for withdrawal or revision

The bishops also criticised the legislative process, saying consultation with affected communities had been lacking.

“It is equally disheartening that the ruling party along with a few others have backed this bill without adequate consultation with the communities most affected by it,” the statement said.

They contrasted this with past practice, noting that “past governments, including that of [former Indian Prime Minister] Mr. Atal Bihari Vajpayee, upheld the democratic tradition of engaging in dialogue with stakeholders before enacting laws impacting religious communities.”

The statement warned that the law risks deepening divisions. “A close reading of the Act suggests a troubling lack of neutrality. Rather than promoting harmony, it risks fostering suspicion, division, and injustice.”

The bishops concluded with a direct appeal to the government.

“We therefore strongly oppose this Act in its current form and call for its immediate withdrawal or substantial revision,” they said.

“Religious freedom is not a concession granted by the State; it is a fundamental right that the State is bound to respect, protect, and uphold.”