Read the following passage carefully and answer the questions that follow. Same-sex marriage has no legal recognition in India as per the recent Supreme Court’s judgment, where it was decided that this is an issue for Parliament to address. While Hindu marriages between transgender persons and cisgender men are permissible, and the Court acknowledged systemic discrimination and the right to choose a partner, it held that there is no fundamental right to marry. The government has been urged to form a panel to consider granting more legal rights to same-sex couples, but the legal status of marriage remains unchanged for now. The five-judge bench of the Supreme Court of India in Supriyo @ Supriya Chakraborty &Anr. v. Union of India (2023), in a majority verdict, ruled that there is no fundamental right to marry under the Indian Constitution, making it beyond the court’s scope to legislate on same-sex marriage. The Court stated that the power to legislate on same-sex marriage rests with the Parliament and state legislatures. The judgment affirmed constitutional rights for LGBTQ+ citizens and the right to choose a partner. The government agreed to set up a panel to explore legal rights and benefits for same-sex couples, though these benefits are not the same as those conferred by marriage.

Same-sex couples cannot legally marry and do not receive the same legal rights, such as automatic inheritance, pension, or adoption rights, that legally married couples do.Despite the ruling, LGBTQ+ couples continue to face legal discrimination and have no social recognition of marriage. The Court affirmed the right of same-sex couples to cohabit privately. While the Supreme Court’s verdict brought limited benefits and acknowledgments, it has not legalized same-sex marriage in India, deferring the ultimate decision to the Parliament. (279 words)

[Extracted, with edits and revisions, from ”The Hindu”, dated 27th October 2023]

Ramesh and Suresh, a same-sex couple in India, have lived together for a decade and want to ensure they receive legal benefits equivalent to those of married couples, such as automatic inheritance and pension rights. Based on the Supreme Court’s judgment, what is the primary obstacle they face in achieving these benefits?

Correct Answer: They cannot legally marry and therefore cannot automatically be entitled to these specific legal rights

Step-by-Step Explanation:

Step 1: Analyze the Question
Ramesh and Suresh, a same-sex couple in India, want to know the primary obstacle they face in receiving legal benefits equivalent to married couples, such as automatic inheritance and pension rights, based on the recent Supreme Court judgment mentioned in the passage.

Step 2: Examine the Passage Text
The passage explicitly states:
"Same-sex couples cannot legally marry and do not receive the same legal rights, such as automatic inheritance, pension, or adoption rights, that legally married couples do."
It also notes that while the Supreme Court affirmed constitutional rights and the right to choose a partner, it held that there is no fundamental right to marry under the Indian Constitution and left the power to legislate on same-sex marriage to Parliament.

Step 3: Evaluate the Options

1. "They must first register their union with the government panel that was urged to be formed" – Incorrect. The panel proposed by the government is to explore legal rights/benefits, but registration with such a panel is not described as a legal mechanism to obtain marriage-equivalent rights automatically.

2. "They cannot legally marry and therefore cannot automatically be entitled to these specific legal rights" – Correct. This directly aligns with the passage, which establishes that without legal recognition of same-sex marriage, couples do not automatically receive rights like inheritance and pension that are reserved for legally married couples.

3. "These rights are only available to same-sex couples where one partner is transgender" – Incorrect. The passage states that Hindu marriages between transgender persons and cisgender men are permissible, but it does not state that same-sex marriage benefits are available specifically under this condition.

4. "They can receive these benefits if they convert to a religion that recognizes same-sex unions" – Incorrect. No such provision or legal workaround is mentioned in the text.

Conclusion:
The primary obstacle preventing Ramesh and Suresh from receiving automatic inheritance and pension rights is that same-sex couples cannot legally marry under the current legal framework.