Islamic scholar challenges Maha anti-conversion law in Bombay HC

Mumbai: The constitutional validity of the Maharashtra Freedom of Religion Act, 2026, has come under fresh challenge before the Bombay High Court, with a 70-year-old Islamic scholar arguing that several provisions intrude into personal freedoms and could subject consensual interfaith relationships and voluntary religious conversions to excessive state scrutiny, according to a report by the Bar and Bench

Maulana Halimullah Farooque Ahmed Khan, a resident of Bhiwandi in Thane district, has filed the writ petition through advocate Mateen Shaikh. He contends that the legislation violates fundamental rights relating to privacy, dignity, personal autonomy, marriage and religious freedom.

The plea takes particular aim at Section 2(a), which defines “allurement” using terms such as better lifestyle and divine healing. Khan argues that the broad wording could bring legitimate religious teaching, charitable work and humanitarian activities under the threat of criminal action.

Section 6, requiring 60 days’ prior notice before conversion, has also been challenged on the ground that it exposes deeply personal faith decisions to public scrutiny and executive oversight. The petition argues that the state’s authority should extend only to conversions involving genuine force, fraud or coercion, rather than voluntary choices of faith or partner.

Khan has also attacked Section 9(2), alleging gender discrimination in enhanced penalties involving women, and Section 13, which places the burden of establishing that a conversion did not violate the Act on the person responsible for conducting it or aiding it.

The petitioner has urged the court to strike down the law or restrict its application to cases involving actual coercion, fraud or force. A similar challenge was dismissed by the Nagpur Bench on August 21 over inadequate pleadings, with liberty granted to file a better-researched petition.