On the issue of right to marriage, the petition argues that the right to marry is a constitutionally protected right. The right to marry can be and has been read into the right to life and liberty guaranteed under Article 21 of the Constitution of India. Moreover, the right to life and liberty has to be read in the context of the Universal Declaration of Human Rights and the International Covenant of Civil and Political Rights, to both of which India is a signatory. These recognize the right to marry and found a family as a fundamental human right. The petition further argues that since the right to marry is a constitutionally protected fundamental right, only a valid statutory law passed by a competent legislature can abridge it.
Courts have no jurisdiction to abridge or suspend the fundamental right to life and liberty.
The petition relies on studies that clearly show that PWAs can lead normal, healthy lives for many years without any kind of disability. Significantly, many studies of discordant couples viz. Furthermore in terms of having children, peri-natal transmission can be practically reduced to a negligible amount through appropriate medical interventions. The implications and impact of a person being HIV positive go far beyond physical and mental health. An HIV-positive diagnosis is accompanied with stigmatization, discrimination, often leading to loss of employment, support from family and friends, medical and social benefits.