Gay advocate Saurabh Kripal to become Delhi HC judge? The tussle between the SC Collegium and the Center
Instead of decreasing, the dispute between the Supreme Court Collegium and the Central Government is increasing. Now in this controversy, a situation of confusion has also arisen regarding the appointment of gay advocate Saurabh Kripal. On the one hand, the Supreme Court Collegium has made it clear that Saurabh Kripal should be made a judge of the Delhi High Court, while on the other hand some objections have been expressed by the Central Government. The big thing is that Saurabh Kripal has not been appointed for the last five years. The Supreme Court Collegium first forwarded Saurabh Kripal’s name two years ago on November 11. But since then the appointment has been stuck and this dispute has gone on increasing.
Controversy on which points, what is the stand of the Centre?
Now the Supreme Court has taken a tough stand on this dispute. It has been bluntly said that one cannot be stopped from promoting someone on the basis of their sexual orientation. The court said that Saurabh Kripal should be commended for being so open about his sexual orientation. Anyway, the letters received from RAW on April 2019 show that there is a dispute on only two aspects. Firstly, Kripal’s partner is a Swiss citizen. The other aspect is that he is quite open about his sexual orientation. In the same letter, a letter from Union Minister Kiren Rijiju has also been mentioned. In that letter, Rijiju has said that homosexuality has definitely been decriminalized in India, but same sex marriage is yet to be recognized. Apart from this, the apprehension was also expressed in the letter that Kripal’s views may remain biased as he talks openly about the rights of gay people.
What is the stand of the SC collegium on the controversy?
Now the collegium has firmly put its stand on all these concerns. It is emphasized that the concerns expressed by R&AW do not in any way question the conduct of the individual. On the other hand, even if the partner is a foreign national, the collegium has said that this is not the first time that the wife or husband of a person holding a high position has been a foreign national. In such a situation, the appointment of Saurabh Kirpal also cannot be dismissed by saying that his partners are foreign nationals. It has also been emphasized that it is not correct to think beforehand that if a foreigner is a foreigner, he will have wrong intentions against India, will become a threat. On the other hand, regarding sexual orientation, the collegium, while reiterating the order of the court itself, has clearly said that every person has the freedom to maintain his independent personality on the basis of sexual orientation.
Who is Saurabh Kripal?
The Collegium, keeping its views, has said that Saurabh Kripal is capable as well as intelligent, if he becomes a judge of the Delhi High Court, he will work to increase inclusion and diversity. Now for information, let us tell you that Saurabh Kripal has graduated from St. Stephen’s College, Delhi. At the same time, he has taken a law degree from Oxford University in graduation. Postgraduate (Law) from Cambridge University. He has practiced in the Supreme Court for two decades. At the same time, he has also worked with the United Nations in Geneva. Saurabh’s fame is known for the case of ‘Navtej Singh Johar vs Union of India’, in fact he was the petitioner’s lawyer for the removal of section 377. In September 2018, the law regarding Section 377 was repealed by the Supreme Court.
