SC collegium’s recommendation of Saurabh Kirpal for Delhi HC judgeship is a historic moment

A five-judge Constitution Bench of the Supreme Court had decriminalised consensual same-sex relationships between adults in 2018. Through this historic ruling, the sexual minorities were set free from the discriminatory jaws of a colonial-era law. As such, the Central Government’s reluctance in giving a green signal to Saurabh Kirpal’s name did not make any sense.Not only this, but the Supreme Court collegium also deferred a decision on Saurabh Kirpal not once, but four times. Was it justified? I do not think so. The collegium was expected to confront the government on this issue which relates to the dignity of the sexual minorities.In two cases such as the NALSA case and the Navtej Jauhar case, the apex court has strongly defended the human rights and dignity of the LGBT community. If the court does not follow its own verdicts, then what can it expect from others? Those who preach should also practice the same.Had the Supreme Court collegium recommended his name on earlier occasions, the government could not have delayed his appointment for four years. A delayed appointment affects the career of a judge very much.Thankfully, the Supreme Court collegium headed by CJI Ramana has rightly rejected the objections of the government and stood to protect the dignity of the sexual minorities in the country. Kirpal deserves this assignment. He has made a great contribution to the movement for the decriminalization of homosexuality in the country.



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