The Government Should Not Object To Saurabh Kirpal's Elevation
Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator.
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By Sunil Garodia
First publised on 2021-11-17 06:38:30
About the Author
Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator.
View all posts by this Author
It is heartening and welcome that the Supreme Court collegium has finally decided to recommend Saurabh Kirpal's name for elevation as a judge to the Delhi High Court after taking it up four times in the last four years and not arriving at a decision. That Kirpal is a gay was a factor for the indecision on part of the collegium, which was perhaps also guided by the Centre's objection to his name as his partner is a foreign national.
But societal mores and legal position have both changed in these four years. The Supreme Court has decriminalized same-sex relationships and society has also, although grudgingly and not in totality, come to accept such relationships. Hence, having a gay judge should not, in normal course, matter so much now unless regressive thinking leads decision-makers to prevent a qualified and deserving person to reach a higher level just because they do not consider his sexual preferences to be 'normal'.
Then, the question of his partner being a foreign national, although a point of concern, should not be a disqualifying point if the background check and intelligence inputs are perfect. All foreign nationals are not spies or have vested interests and partners do not normally influence work decisions. Or is the objection only because Saurabh Kirpal has a "partner" as opposed to a foreign national spouse?
If Saurabh Kirpal's work justifies his elevation as a high court judge, and if the background check does not throw up negative points, nothing else should matter, least of all his sexual preferences and his choice of partner. Since the collegium has recommended his name, the government should not object after satisfying itself about the "security risk". If Saurabh Kirpal is elevated, it will be a milestone in the history of the Indian queer rights movement.
