Article 3: Maharasthra government’s anti-conversion law, language diktats shrink Mumbai

Why in News: The Maharashtra Freedom of Religion Act has come into force amid concerns over religious freedom, alleged harassment of Christian prayer meetings, and growing identity-based linguistic politics in Mumbai.

Key Details

• Anti-conversion law: Maharashtra’s new law imposes strict conditions, prior intimation requirements and harsh penalties for religious conversions.
• Burden of proof: Critics argue that anti-conversion laws can reverse the burden of proof and create scope for misuse.
• Religious freedom: Christian congregants have sought self-declarations affirming voluntary participation in prayer meetings amid alleged harassment.
• Identity politics: Compulsory Marathi requirements for Mumbai’s auto and taxi drivers have raised concerns over linguistic parochialism.
• Governance challenge: Economic development and infrastructure gains may be undermined if identity politics affects constitutional freedoms, mobility and ease of doing business.

Two Contrasting Trends in Mumbai

• Mumbai under the Devendra Fadnavis government presents two parallel developments.
• On one side, the government has pursued improvements in governance, infrastructure and the ease of doing business.
• On the other, recent measures indicate a growing emphasis on identity-based and majoritarian politics.
• The latter could undermine the economic and governance gains achieved by the former.

Maharashtra Freedom of Religion Act

• The Maharashtra Freedom of Religion Act has raised concerns over its potential impact on religious freedom and freedom of conscience.
• Christian pastors in the Mumbai Metropolitan Region have asked worshippers to sign self-declarations confirming voluntary participation in prayer meetings.
• The move comes amid allegations of harassment and disruption of religious gatherings by groups such as the Bajrang Dal and VHP.
• The fact that congregants feel compelled to provide pre-emptive declarations reflects concerns about the possible misuse of the law.

Concerns Over the Anti-Conversion Law

• The law is criticised for placing significant procedural and legal burdens on individuals involved in religious conversion.
• Recent anti-conversion laws in several States have shifted the burden of proof, making the accused responsible for establishing that conversion was voluntary.
• Maharashtra’s law reportedly provides for strict punishments, prior intimation to the district magistrate and complaints by relatives, including parents and siblings.
• Critics argue that such provisions create scope for harassment and misuse, particularly against religious minorities.
• The Supreme Court’s judgment in Rev. Stainislaus v. State of Madhya Pradesh (1977) remains an important constitutional reference concerning laws regulating religious conversion.

Growing Identity-Based Politics

• The push requiring auto and taxi drivers in Mumbai to learn Marathi has added to concerns about a shift towards linguistic and regional identity politics.
• Such measures can conflict with Mumbai’s character as a diverse, economically integrated and migrant-dependent metropolis.
• Excessive emphasis on language or identity can affect ease of doing business, employment opportunities and freedom of movement.
• It also risks replacing a governance-oriented approach with performative identity politics.

Balancing Governance with Constitutional Values

• Mumbai’s economic success depends on openness, diversity, mobility, religious freedom and equal opportunities for citizens.
• Governance and infrastructure development can deliver sustainable gains only when accompanied by constitutional protections and social harmony.
• The need for minority groups to sign preventive declarations raises concerns about the constitutional guarantees of freedom of conscience and the right to profess, practise and propagate religion.
• The government must ensure that laws are implemented impartially and protected from selective enforcement or misuse.
• A financial capital cannot realise its full economic potential if the State attempts to dictate what language people speak or what they believe.

Conclusion

Mumbai’s growth depends on openness, diversity, constitutional liberty and economic mobility. While governments have legitimate interests in regulating fraudulent conversions and promoting regional languages, such measures must remain proportionate and constitutionally compliant. The Maharashtra government must ensure impartial enforcement, prevent misuse of laws and protect freedom of conscience. Sustainable governance requires balancing legitimate regulation with individual rights and Mumbai’s pluralistic character.

Descriptive question:

Q Identity-based politics can undermine both constitutional freedoms and economic governance.” Discuss. (150 words, 10 marks)

Source: The Indian Express