Mumbai, October 22, 2026: The Bombay High Court on Thursday allowed the withdrawal of a petition challenging the constitutional validity of the Maharashtra Freedom of Religion Act, 2026, after questioning whether the petitioner had demonstrated how the law directly affected him.
A bench of Chief Justice MC Tripathi and Justice Advait Sethna said the plea lacked specific facts establishing a concrete grievance and appeared to raise a general legal challenge.
“Show that you were imparting your religion and because of State intervention you were not able to impart. You file a better petition so that we can have a better idea of what is the ground reality,” the bench told the petitioner.
Petitioner Challenges Provisions Of Act
The petition was filed by a 70-year-old Islamic teacher from Bhiwandi in Thane district. Senior Advocate Yusuf Muchhala, appearing for him, argued that the law infringes the fundamental right to freedom of religion guaranteed under Article 25 of the Constitution.
Muchhala challenged the Act’s definition of “allurement” and questioned the procedures prescribed under Sections 6 and 7. Under Section 6, a person intending to convert to another religion must give 60 days’ prior notice to the authorities. The notice is then made public to invite objections.
He argued that these requirements interfere with an individual’s privacy and subject personal religious choices to scrutiny by the authorities.
Bench Seeks Evidence Of Personal Grievance
The bench questioned how the petitioner was personally affected by the legislation and said the petition did not contain the necessary factual details to examine the challenge.
The Maharashtra Freedom of Religion Act, 2026, seeks to prohibit religious conversions brought about through force, fraud, coercion, allurement, misrepresentation, undue influence or marriage. Critics have raised concerns that its provisions could affect individual freedom of conscience and personal autonomy.
During the hearing, the Chief Justice observed that the State’s concern was with conversions involving force or coercion, distinguishing them from voluntary changes of faith.
“Anyone has the freedom to change their religion. But just for the purpose of marriage, conversion cannot be permitted,” the Chief Justice remarked.
Also Watch:
Petitioner Allowed To File Fresh Plea
Muchhala sought permission to amend the petition to include specific facts. The bench declined the request, following which the lawyer withdrew the plea.
The court clarified that the petitioner could approach it again by filing a fresh petition.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/
