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.

Recognised absolute rights

International human rights law recognises that few rights are absolute and reasonable limits may be placed on most rights and freedoms.
- Freedom from torture and other cruel, inhuman or degrading treatment or punishment
- Freedom from slavery and Servitude
- Freedom from imprisonment for inability to fulfil a contractual obligation
- Prohibition against the retrospective operation of criminal laws
- Right to recognition before the law