Reimagining the Right to Marry in India: From Constitutional Guarantees to the Demand for No-Fault Divorce

Marriage, as a legal union, constitutes a critical facet of the right to life and personal liberty under Article 21 of the Indian Constitution, which asserts that "No person shall be deprived of his life or personal liberty except according to the procedure established by law." While the right to marry is not expressly articulated within the constitutional text, judicial interpretation has firmly established it as a fundamental right inherent to personal autonomy and individual freedom. This constitutional dimension was emphatically affirmed in the landmark judgment of *Lata Singh v. State of Uttar Pradesh*, wherein Hon’ble Justices Ashok Bhan and Markandey Katju of the Supreme Court upheld an adult woman's unassailable right to marry a person of her choice. The court’s directive to grant her police protection against coercive societal pressures underscored the State's role in safeguarding individual liberties against patriarchal norms and social ostracism. Furthermore, the right to marry transcends domestic jurisprudence and finds recognition within international human rights law. Article 16 of the Universal Declaration of Human Rights enshrines the right of every individual to marry and establish a family, free from coercion, reflecting a broader commitment to personal dignity, equality, and the sanctity of individual choice. However, while recognizing the freedom to marry, it is imperative to address the constraints posed by existing divorce laws in India. The rigidity of these laws can tether individuals in oppressive or irreconcilable marriages, thereby contradicting the very essence of marital liberty. Liberalizing divorce legislation is thus essential to complement the right to marry, ensuring that individuals retain the freedom to both enter and exit matrimonial bonds with dignity and agency. In this context, a comprehensive examination of the legal framework governing marriage in India necessitates a dual focus: upholding the constitutional guarantee of marital choice while reforming divorce laws to align with evolving notions of personal autonomy and justice.