"Country Not Ready": Ex-SC Judge Reveals Why Govt Blocked Gay Lawyer's Elevation
Former SC Judge Sanjay Kishan Kaul reveals the real reason the government stalled the appointment of openly gay advocate Saurabh Kirpal.
In a revealing disclosure, former Supreme Court judge Justice Sanjay Kishan Kaul has shed light on the prolonged institutional deadlock surrounding the elevation of Saurabh Kirpal to the Delhi High Court. Justice Kaul asserted that while official reasons for the delay were framed around security concerns, the actual deterrent was the government's reluctance to appoint India's first openly gay judge.
The "Real Reason" Behind the Impasse
Speaking with ANI, Justice Kaul noted that the informal feedback he received pointed toward a perception within the government that the nation was not yet prepared to accept a judge who is openly gay. He countered this notion, stating that the legal community and the country would have accepted such an appointment based on merit.
"The real reason, I think—and which was informally told to me—was their perception that the country is not ready to have a gay judge," Justice Kaul stated. "The country would have accepted (a gay judge) because he is a good lawyer. He's an academically oriented lawyer as well... I think it was a loss not to have had him."
A Timeline of Institutional Limbo
The journey of Senior Advocate Saurabh Kirpal's recommendation became a saga of bureaucratic and judicial friction spanning several years:
- October 2017: The Delhi High Court Collegium first recommended Kirpal for appointment.
- November 2021: The Supreme Court Collegium approved the recommendation.
- November 2022: The Central Government returned the file.
- January 19, 2023: The Supreme Court Collegium, including then CJI DY Chandrachud and Justice Kaul, took the rare step of making its resolution and the government's objections public, reiterating the recommendation.
Despite the formal reiteration—which under established norms legally binds the executive to accept the appointment—the government neither approved the file nor formally rejected it, leaving the appointment in a state of limbo.
Security Concerns vs. Identity
The Law Ministry, in a letter dated April 2021, had explicitly raised concerns regarding Kirpal's partner, who is a Swiss national, as well as Kirpal's active advocacy for LGBTQ+ rights. However, the Supreme Court Collegium rejected these grounds, explicitly stating that being openly gay is a "matter of credit" and does not disqualify an individual from holding a high constitutional office.
Commitment to the Community
Justice Kaul highlighted that Saurabh Kirpal never withdrew his consent to become a judge, regardless of the time elapsed. According to Justice Kaul, Kirpal viewed the appointment as a milestone for his community.
Justice Kaul recalled telling Kirpal that the vacancy would remain open until he reached the age of 62. He noted that Kirpal was willing to accept the appointment at any age, seeing it as a form of support for the LGBTQ+ community. Justice Kaul further remarked that the Collegium could not drop the recommendation, as doing so would have been "very embarrassing."