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Right to marry is not absolute: Centre
Context
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.
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Recognised absolute rights
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