The country may soon get its first gay judge. The Supreme Court collegium has recommended senior advocate Saurabh Kripal for the post of judge in the Delhi High Court. The recommendation was made in the November 11 meeting of the collegium directed by Chief Justice NV Ramana. The special thing is that the Collegium has given its recommendation despite the Center raising questions about Kripal's name four times.
This is the first time in the country that the Supreme Court has recommended the appointment of a person from the jurisdiction who honestly confesses to being gay. In October 2017, the Delhi High Court Collegium had unanimously approved his name for the judge. Since then, the Supreme Court had deferred the decision of his recommendation four times. In September 2018, January-April 2019 and August 2020, the Supreme Court delayed the decision for the same.
In March this year, Chief Justice SA Bobde had sought the Centre's stand on making Kripal a High Court judge, but the Center had once again opposed to it. The Center had expressed concern about Kripal's foreign male partner. According to media reports, Kripal's partner is a human rights activist and he is from Switzerland. Therefore, the Center has concerns related to national security.
Homosexuality refers to the sexual attraction of any person to a person of the same sex. In simple language, the attraction of a man to a man or a woman to a woman. Such people are called 'gay' or 'lesbian' in English.
Saurabh Kripal is the son of senior advocate and former Chief Justice of India BN Kripal. He has worked as a junior with former Attorney General Mukul Rohatgi, he is also a specialist in commercial law. Saurabh Kripal has completed his graduation from St. Stephen's College, Delhi, and has finished his law degree from Oxford University. He has practised in the Supreme Court for about 20 years. Saurabh has also worked with the United Nations in Geneva. He is gay and has been vocal about LGBTQ rights. He has also edited the book 'Sex and the Supreme Court'.
In September 2018, the Supreme Court had given an important judgment on Section 377 of the IPC that declared homosexuality illegal. The court had said that homosexual relations are not a crime. Along with this, the court had struck down Section 377 by making consensual homosexual sex. Saurabh Kripal had argued on behalf of the petitioner in this matter.
