Question

In October 2023, two individuals in India, Ramesh and Sameer, who identify as a same-sex couple, sought to legally solemnize their marriage. Based on the Supreme Court's ruling, what is the current legal standing of their ability to marry?

• A. Their marriage is legally recognized nationwide under a new constitutional right
• B. Their marriage is not legally recognized, as the Supreme Court ruled that this issue is for Parliament to address
• C. Their marriage is recognized only if both of them identify as transgender
• D. Their marriage is temporarily recognized until Parliament decides otherwise
• A. The Court acknowledged the right to choose a partner, therefore it would agree to legislate on marriage
• B. The Court held that there is no fundamental right to marry under the Indian Constitution, and such a policy can be made only by the Parliament
• C. The Court has held that it will set up a panel to look into the fundamental right to marry
• D. The Court upheld the fundamental right to marry, but declined to recognise same sex marriage
• A. The Supreme Court of India, as they are ultimately responsible for interpreting constitutional rights
• B. The President of India as head of the Union legislature
• C. The Parliament and state legislatures, as the power to legislate on same-sex marriage rests with them
• D. The National Commission for Human Rights, to advocate for a new directive
• A. The automatic right to inheritance for same-sex partners
• B. The right of same-sex couples to adopt children jointly
• C. The right of same-sex couples to cohabit privately
• D. The right to maintenance for same-sex partners
• A. They must first register their union with the government panel that was urged to be formed
• B. They cannot legally marry and therefore cannot automatically be entitled to these specific legal rights
• C. These rights are only available to same-sex couples where one partner is transgender
• D. They can receive these benefits if they convert to a religion that recognizes same-sex unions
• A. Intersex and Asexual
• B. Initialisms and Agender
• C. Intersex and Ally
• D. Intrasex and Androgynous

Answer 1

The Correct Option is B

The Supreme Court's 2023 ruling in Supriyo v. Union of India makes it clear that marriage is a creation of statute, not a fundamental right, so the Court cannot grant same-sex couples the right to marry on its own. Since Parliament has not passed any law recognising such marriages, Ramesh and Sameer have no legal route to solemnize their marriage today. The correct option is B.

Answer 2

The advocate's argument tries to stretch the right to choose a partner into a right to marry, but the Supreme Court specifically closed that gap in Supriyo v. Union of India. It said Article 21 protects choosing whom to be with, but marriage itself is a statutory institution, so only Parliament and the state legislatures can extend it to same-sex couples. The Court would therefore reject the advocate's reasoning, making option B correct.

Answer 3

Since the Supreme Court itself said it has no power to legislate on same-sex marriage, courts and commissions are not the right target for advocacy. The judgment placed that responsibility on Parliament and the state legislatures, so any group wanting a change in the law needs to lobby those bodies. The correct option is C.

Answer 4

The Court in Supriyo v. Union of India kept its ruling narrow: it refused to grant marriage-linked entitlements like inheritance, adoption, or maintenance, but it did recognise that same-sex couples have the right to live together privately, protected as part of personal liberty and dignity. So among the choices given, only the right to cohabit privately was actually affirmed, which is option C.

Answer 5

Rights like automatic inheritance and pension are tied by law to being legally married, not simply to living together for years. Since the Supreme Court held that same-sex couples cannot marry under current Indian law, Ramesh and Suresh are blocked at the very first step - there is no marriage for these benefits to attach to. The primary obstacle is therefore the absence of legal marriage, option B.

Answer 6

LGBTQIA+ simply extends the more familiar LGBTQ by adding two more identities: Intersex, referring to people born with sex characteristics that don't fit typical male or female categories, and Asexual, referring to people who experience little or no sexual attraction. So “IA” stands for Intersex and Asexual, making option A the answer.