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]
While same-sex marriage is not legally recognized in India, however, the Supreme Court’s verdict did offer some acknowledgments of rights for same-sex couples. Which of the following rights was specifically affirmed by the Court?
Correct Answer :
The right of same-sex couples to cohabit privately
Solution :
Correct Answer: The right of same-sex couples to cohabit privately
Explanation:
According to the provided passage, the Supreme Court of India ruled that there is no fundamental right to marry under the Indian Constitution and deferred the decision to legislate on same-sex marriage to Parliament.
However, the Court did affirm certain constitutional rights for LGBTQ+ citizens. The text explicitly states: "The Court affirmed the right of same-sex couples to cohabit privately."
Let's evaluate the options based on the text:
1. The automatic right to inheritance for same-sex partners: Incorrect. The passage states that same-sex couples do not receive automatic inheritance rights.
2. The right of same-sex couples to adopt children jointly: Incorrect. The passage explicitly notes that same-sex couples do not receive adoption rights available to legally married couples.
3. The right of same-sex couples to cohabit privately: Correct. This was specifically recognized and affirmed by the Court as mentioned in the second paragraph.
4. The right to maintenance for same-sex partners: Incorrect. Maintenance rights are not recognized as being affirmed by the verdict in the text.
Access expert-curated educational resources and study materials—completely free.
Create, conduct, and manage professional online assessments with Mindyard. Perfect for teachers and institutes.
Copyright © 2026 Mindyard. All Rights Reserved.
