Being gay doesn’t make him unsuitable for elevation: SC Collegium

CJI D Y Chandrachud

The Supreme Court Collegium has reiterated its November 11, 2021, recommendation for appointing senior advocate Saurabh Kirpal, an openly gay person, as a judge of the Delhi High Court, rejecting the Centre's contention that though homosexuality stands decriminalised in India, same-sex marriage is still unrecognised.

Kirpal is the son of former Chief Justice of India B N Kirpal. The three-member Collegium headed by Chief Justice of India D Y Chandrachud and also comprising Justices S K Kaul and K M Joseph said the proposal has been pending for over five years and needs to be processed expeditiously. The Collegium's statement lauded Kirpal for being open about his sexual orientation, saying it "goes to his credit" that he has not been surreptitious about it.

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His "‘ardent involvement and passionate attachment to the cause of gay-rights' would not rule out the possibility of bias and prejudice." The Collegium said the two communications of R&AW do not reflect any apprehension in regard to the individual conduct or behaviour of Kirpal's partner, a Swiss national, having a bearing on national security. Regarding the second objection, it has said it needs to be noted that the decisions of the Constitution bench of the SC have established the constitutional position that every individual is entitled to maintain their own dignity and individuality, based on sexual orientation.

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