Right to marry is not absolute: Centre

The Centre reiterated its “humble request” to the Supreme Court not to rewrite the Special Marriage Act (SMA) for legal validation of same-sex marriages, claiming the LGBTQ++ community was an unidentified class of persons and legalising a marital relationship between members of this group could potentially create hurdles in the implementation of other statutes.

Arguments made by the Centre

• The subject of extending legal recognition to same-sex marriages should “better be left to the choice of the Parliament”.
• Marriage was not an absolute right, even between heterosexual couples.
• The right to marry does not include the right to compel the State to create a new definition of marriage.

What are absolute rights?

• Absolute rights cannot be limited for any reason. No circumstance justifies a qualification or limitation of absolute rights. Absolute rights cannot be suspended or restricted, even during a declared state of emergency.