The Supreme Court Collegium has reiterated its recommendation for appointing Senior Advocate Saurabh Kirpal as a Delhi High Court Judge and disagreed with the Centre over the fact that his openness about his sexual orientation will lead to “bias and prejudice.”
Kirpal openly identifies as a gay man – and lives with his partner in New Delhi.
Centre Had Objections: The Centre had earlier sent back Kirpal’s name for reconsideration and had expressed apprehension over his openness about his sexual orientation, the collegium resolution dated 18 January said.
The centre had further said that considering his " passionate attachment to the cause of gay-rights," it was difficult for them to rule out the possibility of Kirpal's bias and prejudice.
But the Collegium said…However, the Collegium, which includes CJI DY Chandrachud, Justices SK Kaul and KM Joseph, said:
"The fact that Mr. Saurabh Kirpal has been open about his orientation is a matter which goes to his credit. In view of the constitutionally recognized 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."