Historic Move for LGBTQ Rights: In a groundbreaking move for LGBTQ rights, India’s Supreme Court has recommended the appointment of an openly gay lawyer, Saurabh Kirpal, as a judge on the Delhi High Court. This momentous decision comes years after the Supreme Court’s landmark ruling in 2018, which decriminalized gay sex, marking a significant victory for the LGBTQ community in India. This article delves into the details of this historic nomination, the challenges faced, and the significance it holds for the nation.
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Saurabh Kirpal’s Journey:
Saurabh Kirpal, a senior advocate, and a well-respected legal professional, has been nominated to serve as a judge in the Delhi High Court. His journey to this prestigious position has not been without its challenges. Kirpal was the lawyer for two key petitioners in the 2018 Supreme Court case that led to the decriminalization of gay sex. However, his initial appointment faced multiple delays due to concerns regarding his partner’s foreign nationality, which were ultimately dismissed as specious by the lawyer himself.
In a television interview, Kirpal asserted that the objections to his appointment were rooted in his sexual orientation. This acknowledgment highlights the persisting discrimination and prejudices that LGBTQ individuals continue to face in India.
Changing Attitudes and Legal Landscape:
Although the legal landscape is evolving in India, on-the-ground attitudes toward the LGBTQ community change at a slower pace. Discrimination and harassment remain daily challenges for many members of this community, especially when it comes to accessing job opportunities and healthcare. Activists have been advocating for specific laws to address these issues and provide protection to LGBTQ individuals.
Support and Endorsements:
Kirpal’s nomination has received widespread support and endorsements from his legal colleagues. Vikas Singh, a former additional solicitor general, commended the collegium’s decision, emphasizing that the country has evolved with the times. Senior lawyer Geeta Luthra echoed this sentiment, describing Kirpal as “bright,” “exceptional,” and “deserving.” She emphasized the importance of prioritizing merit and calibre over personal choices when recommending judges for the Delhi High Court.
Educational and Professional Background:
Saurabh Kirpal’s educational and professional journey is remarkable. He studied physics at St. Stephen’s College in New Delhi before earning a scholarship to pursue a law degree at Oxford University. Additionally, he holds a master’s degree from Cambridge University. Kirpal briefly worked with the United Nations in Geneva before returning to India in the 1990s, where he has been practicing law in the Supreme Court. Over the years, he has argued numerous significant cases across various legal domains, including constitutional, commercial, civil, and criminal law.
Kirpal attributes much of his legal acumen to his experiences, particularly his time assisting former attorney general Mukul Rohatgi, whose mentorship played a pivotal role in shaping his understanding of the law. He acknowledges the profound influence of his father, BN Kirpal, who served as India’s chief justice, on his legal career.
A Historic Moment:
Sharif D Rangnekar, a former journalist and author of “Straight to Normal: My Life as a Gay Man,” has hailed Kirpal’s nomination as a historic moment for the LGBTQ community. He believes that this decision will inspire more LGBTQ lawyers to come out and pursue their legal careers without fear of discrimination. It marks a significant milestone in the ongoing fight for LGBTQ rights in India.
Saurabh Kirpal’s nomination as a judge in the Delhi High Court represents a milestone for LGBTQ rights in India. Despite the challenges he faced, Kirpal’s appointment signifies progress in the country’s legal landscape and the broader societal acceptance of LGBTQ individuals. This historic decision may pave the way for a more inclusive and equitable future for the LGBTQ community in India.
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