Indian Government Rejects Appointment Of Out Gay Judge

Advocate Saurabh Kirpal may soon be appointed as India’s first out gay judge.

The Indian government has rejected calls for the appointment of an out gay lawyer to the post of a High Court Judge, citing his sexual orientation.

Last week, the Supreme Court of India Collegium – a panel of senior judges – reiterated their recommendation to appoint  Saurabh Kirpal as a judge of the Delhi High Court. The top court affirmed his qualities of “competence, integrity and intellect” for the position. The collegium previously recommended the appointment of advocate Kirpal in November 2021.

The collegium made a public statement, defending their decision, calling Kirpal’s potential appointment as one that would “add value to the bench of the Delhi High Court and provide inclusion and diversity”.

Judge Is Openly Gay, Says Indian Government

However, a statement released on Wednesday detailed the government’s opposition to Kirpal’s appointment, explaining that there were concerns with the openness of his sexual orientation and that his “ardent involvement and passionate attachment to the cause of gay rights” would not rule out the possibility of bias and prejudice.

The government referenced the letter of the Law Minister from April 2021 which states that despite homosexuality’s decriminalisation status in India, same-sex marriage still “remains bereft of recognition either in codified statutory law or uncodified personal law in India”. The government also objected to the fact that Kirpal’s partner was a Swiss national.

In India, the process for appointing Judges of the Supreme Court occurs following consultation with fellow judges. Five senior judges, including the chief justice of the Supreme Court, are in charge of the selection process and refer them to the Justice Ministry.

The Collegium defended Kirpal as a prospective candidate for the judgeship, stating that “in view of the constitutionally recognised rights which the candidate espouses, it would be manifestly contrary to the constitutional principles laid down by the Supreme Court to reject his candidature on that ground.”

Saurabh Kirpal Speaks Out

Senior advocate Kirpal spoke at a Kolkata Literary event recently and criticised the government’s decision to reject his appointment and emphasised the importance for a judiciary to hold different interests and life experiences as it represented diversity.

As reported by India TodayKirpal condemned the idea of assuming a judge could be “completely divorced from their upbringing, the social milieu, their perceptions and ideas” as it would shape “who they are and when they interpret any ambiguous word in the Constitution”.

Kirpal added that decisions like these came at a disservice to judges in the legal system because “while there is ambiguity, it’s not like the judges are completely unconstrained by what the law says..they are bound by the law.”

“It is in these margins of ambiguity where their life experiences frame what they say, not as an act of overt intention, but as a matter of subliminal upbringing, I suppose.

That is not a question of bias. Bias is when you go out with a predetermined mindset– that I will always rule in favour of a particular something. That is not typically how a judge should think in our system,” he added.

© Star Observer 2022 | For the latest in lesbian, gay, bisexual, transgender, queer and intersex (LGBTIQ) news in Australia, be sure to visit starobserver.com.au daily. You can also read our latest magazines or Join us on our Facebook page and Twitter feed.

Note: This article have been indexed to our site. We do not claim legitimacy, ownership or copyright of any of the content above. To see the article at original source Click Here

Related Posts
Licence To Thrill: Billie Eilish & Finneas O’Connell On ‘No Time To Die’, Future Film Songs & Surprise L.A. Gigs – Crew Call Podcast thumbnail

Licence To Thrill: Billie Eilish & Finneas O’Connell On ‘No Time To Die’, Future Film Songs & Surprise L.A. Gigs – Crew Call Podcast

When a producer like Barbara Broccoli flies to your concert and hands you 23 pages from the next James Bond script, you could say you’ve landed the job of writing the pic’s theme song. However, multi-Grammy winners Billie Eilish and Finneas O’Connell remain humble, saying that at really no point in time were they sure…
Read More
Amy Poehler and Tina Fey Call Rihanna’s Super Bowl Concert ‘So Good It Got Us All Pregnant’ in Emmys Edition of Weekend Update thumbnail

Amy Poehler and Tina Fey Call Rihanna’s Super Bowl Concert ‘So Good It Got Us All Pregnant’ in Emmys Edition of Weekend Update

January 15, 2024 @ 7:27 PM Amy Poehler and Tina Fey surprised audiences during the 75th Annual Primetime Emmy Awards by returning to the “Weekend Update” desk. The longtime collaborators returned to the Emmys stage Monday night to present the Emmy for Outstanding Variety Special (Live). True to form, the duo had a specially crafted
Read More
Australia Mulls New Law To Ban Religious Schools From Discriminating Against LGBT Students, Staff thumbnail

Australia Mulls New Law To Ban Religious Schools From Discriminating Against LGBT Students, Staff

Attorney-General Mark Dreyfus Nearly a year after former PM Scott Morrison failed to get his Religious Discrimination Bill passed in Parliament, the Anthony Albanese government is moving ahead with plans to enact a law that will protect LGBTQI students and staff from discrimination in religious schools in Australia.  Last week, the Australian Law Reform Commission
Read More
Sonic Prime Animated Series Return Date Set thumbnail

Sonic Prime Animated Series Return Date Set

Sonic Prime Animated Series Return Date Set by Joseph Luster May 20, 2023 Following up on the first part that launched in December, the next chapter of the adventures of the Sonic Prime animated series is almost ready to hit the spotlight. The official account for the Sonic the Hedgehog series announced that the CG-animated
Read More
Index Of News
Consider making some contribution to keep us going. We are donation based team who works to bring the best content to the readers. Every donation matters.
Donate Now

Subscription Form

Liking our Index Of News so far? Would you like to subscribe to receive news updates daily?

Total
0
Share