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How the Law is Upholding the Dignity of the Indian Citizen” and is also a board member of the Naz Foundation Trust, a Delhi-based NGO that has been at the forefront of India’s battle against Section 377.
Kirpal was first recommended for elevation in 2017 by the Delhi High Court collegium, then led by acting Chief Justice Gita Mittal.
The proposal was approved by the apex court's collegium too.
However, the top court later decided to defer the decision on appointing him as a judge.
In an interview with HT in September 2020, Kirpal acknowledged that his sexuality could be the reason behind the Supreme Court collegium deferring the decision as well as the government raising objections.
“Media reports seemed to indicate the issue might have been the nationality of my partner who is Swiss.
Had I been a straight man with a foreign spouse, this would not have been an issue; former Supreme Court judges have had foreign spouses.
But it became an issue only because I am not,” Kirpal had told HT.
Notably, the Supreme Court collegium deferred its decision on Kirpal’s recommendation on three occasions—in January 2019, April 2019, and in August last year.
His name was discussed among 18 other proposals, some of whom were cleared.
However, Kirpal’s name was held back.
In March 2021, the then Chief Justice S.
A.
Bobde wrote to the Union government, seeking additional information and more clarity on its reservations over Kirpal’s name.
The Centre reiterated its apprehensions about his partner.
The same month, Kirpal was designated as a senior advocate by the Delhi High Court after all 31 judges of the high court unanimously endorsed his designation.
The proposal can once again be returned by the Centre.
But if his name is sent back for elevation, they have no option but to approve it.