India likely to get first openly gay person as judge of high court

Soon, India will get its first openly gay person as a judge of a high court.

According to reports, the Supreme Court collegium has recommended the elevation of senior advocate Saurabh Kirpal as a judge in the Delhi high court.

If the recommendation is approved by the central government, Kirpal will be the first openly gay judge of a constitutional court in India.

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“The Supreme Court Collegium, in its meeting held on 11th November, 2021, has approved the proposal for elevation of Shri Saurabh Kirpal, advocate, as judge in the Delhi High Court,” read the collegium’s resolution stated.

49-year-old Kripalhas been an advocate for LGBTQ rights in India. He was the lawyer for Navtej Singh Johar and Ritu Dalmia, the two petitioners who fought against the removal of Section 377 of the Indian Penal Code which criminalises homosexuality.

It was in this landmark casethat the Supreme Court decriminalised homosexuality in India in 2018.

However, this is not the first time that he was recommended for the judge post. Earlier in 2017, the intelligence officials were tasked to carry out mandatory background check on him after his name was recommended.

But his elevation was deferred after the officials came out with an adverse report in 2018 and 2019, suggesting Kirpal’s partner, who is a foreign national, might pose a security risk.

In March 2021, former Chief Justice of India (CJI) Bobde, writing to the Union government, sought additional information and more clarity on its reservations over his elevation.

But the government reiterated its apprehensions against his partner in April.

Later that time, Kirpal was designated as a senior advocate by the Delhi high court after all 31 judges of the high court unanimously endorsed his designation.

Following the recommendations by the judges of Delhi high court, the current CJI justice Ramana and the four other most senior judges of the collegium, after consulting the other judges in the top court, decided to send Kirpal’s name for appointment as a judge in the Delhi high court.

(With inputs from agencies)