It was in 2018 when the Supreme Court decriminalised homosexuality in the country. The LGBTQ community in India can expect another milestone soon as the Supreme Court Collegium has recommended the elevation of senior advocate Saurabh Kirpal as judge of the Delhi High Court. Kirpal would make history by becoming the first openly gay judge to hold the position.
The appointment however is yet to be confirmed. Kirpal’s name was recommended in 2017. His name for elevation was proposed by the then acting chief justice of the Delhi High Court, Justice Gita Mittal. But his elevation was deferred with reports on objections raised against his sexual orientation. It was later in October that the Supreme Court Collegium recommended his name for elevation.
Some reports also suggest that the objection was due to the fact that Kirpal’s partner is a European who works with the Swiss Embassy. Kirpal however refuted this and said that it’s his sexuality that’s actually deferring his request.
“The fact that my partner of 20 years is a person of foreign origin is a security risk is such a specious reason that it leaves one to believe that it is not the whole truth. That is why I believe my sexuality is the reason why my candidature has not been considered for elevation as a judge,” Kirpal said.
Earlier this year in March, Kirpal was designated as a senior advocate after a unanimous vote from all 31 judges of the Delhi High Court.
An advocate for LGBTQ rights, Saurabh Kirpal was also the counsel for Navtej Johar and Ritu Dalmia, the two key petitioners in the removal of Section 377 of the Indian Penal Code that criminalised homosexuality.
Kirpal is also the author of the book “Sex and the Supreme Court: How the Law is Upholding the Dignity of the Indian Citizen.” This book talks about the Supreme Court’s decision to remove Section 377 and other cases relating to sexual harassment in the workplace, adultery and more.
