Divorce As A Fundamental Right: Balancing Personal Liberty And Constitutional Principles In India
- IJLLR Journal
- Jan 9
- 1 min read
Rohit Tamang LL.M (Constitution), CMR University School of Legal Studies
ABSTRACT
This paper analyses the ambit of making divorce a constitutional right in India vis-a-vis the ground it might have in Articles 21 and 14 guaranteeing personal liberty, dignity, and equality. This research thus juxtaposes the development of the rights to marry and to divorce thereby contrasting the law implications of marriage as a civil contract in nature and its character as being binding with the significance of divorce to individual freedom. It further analyzes the unequal grounds for divorce from various religious persuasions and makes clear systemic discriminations. Although the Supreme Court has called for judicial reform over the years, divorce was not granted constitutional status by it. Hence, this paper argues that modern divorce laws should find their place in contemporary norms to bring balance, independence, and dignity into individual life.
Keywords: Divorce, Fundamental Rights, Article 21, Personal Liberty, Equality, Indian Constitution, Gender Neutrality, Legal Reform, Religious Personal Laws.
