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]
Following the Supreme Court’s decision, an LGBTQ+ advocacy group in India aims to achieve legal recognition for same-sex marriage. To which governmental body or bodies should this group primarily direct its lobbying efforts to secure the necessary legislation?
Correct Answer :
The Parliament and state legislatures, as the power to legislate on same-sex marriage rests with them
Solution :
Correct Answer: The Parliament and state legislatures, as the power to legislate on same-sex marriage rests with them
Step-by-Step Explanation:
1. Analyze the Question: The question asks to identify which governmental body or bodies an LGBTQ+ advocacy group should direct its lobbying efforts toward in order to secure legal recognition for same-sex marriage, following the Supreme Court's ruling.
2. Examine the Passage:
According to the provided passage:
- "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."
3. Conclusion: Since the Supreme Court explicitly stated that it does not have the scope to legislate on this matter and that the legislative authority rests with the Parliament and state legislatures, any lobbying efforts to pass legislation must be directed at The Parliament and state legislatures.
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