Collegium Recommends First Openly LGBTQ+ Judge for High Court
- ByAdmin --
- 24 Apr 2025 --
- 0 Comments
In a historic and progressive development, the Supreme Court Collegium has recommended the appointment of India’s first openly LGBTQ+ individual as a judge of a High Court. This marks a milestone in India’s judicial history and reflects a broader move toward diversity, inclusion, and representation within the judiciary.
Background of the Recommendation
The recommendation, made in April 2025, comes as part of the Collegium’s routine deliberations on judicial appointments. The individual, a senior advocate with an exceptional record in constitutional law, human rights, and public interest litigation, has also been a visible advocate for LGBTQ+ rights in India.
This move is being seen as:
- A first-of-its-kind gesture from the highest judicial appointment body.
- A signal of increasing institutional acceptance and respect for sexual and gender diversity.
- A breakthrough for LGBTQ+ representation in key public institutions.
The Role of the Collegium System
India’s judicial appointments are governed by the Collegium system, comprising the Chief Justice of India and the four senior-most Supreme Court judges. This system, while sometimes controversial, remains the apex mechanism for:
- Recommending judges to High Courts and the Supreme Court.
- Assessing the merit, integrity, and suitability of potential candidates.
- Considering diversity and regional representation in the judiciary.
Why This Is a Landmark Moment
The recommendation is groundbreaking for several reasons:
- First openly LGBTQ+ person to be considered for the judiciary at such a high level.
- It sends a powerful message of inclusion and acceptance, both within the legal community and society at large.
- It reflects the evolving constitutional morality post-decriminalization of homosexuality (Navtej Johar v. Union of India, 2018).
Legal Context: LGBTQ+ Rights in India
Key developments that paved the way for such inclusion include:
- Navtej Singh Johar v. Union of India (2018): Struck down Section 377, decriminalizing consensual homosexual acts.
- Puttaswamy v. Union of India (2017): Recognized privacy as a fundamental right, extending protections to sexual orientation.
- National Legal Services Authority (NALSA) v. Union of India (2014): Recognized transgender individuals as a third gender.
The present recommendation is a logical progression in aligning the judiciary with these constitutional values.
Reactions from the Legal and Civil Society
The decision has received widespread support from:
- LGBTQ+ activists and rights groups, who see it as a symbol of justice and visibility.
- Legal scholars and senior advocates, who laud the candidate’s legal acumen and contributions.
- Civil society at large, with calls for more inclusive appointments in other sectors too.
However, there have also been voices of caution:
- Concerns about backlash or resistance in conservative judicial circles.
- Fears of the appointee being judged more harshly or scrutinized unfairly.
What Happens Next?
The appointment will proceed as follows:
- The Union Government must process the Collegium’s recommendation.
- If approved, the President of India will issue a warrant of appointment.
- The appointee will be sworn in by the Chief Justice of the concerned High Court.
This process can take several weeks, and the spotlight now turns to the Centre’s response, especially given past delays in controversial appointments.
Significance for Judicial Diversity
India’s judiciary has long been criticized for lack of representation, especially:
- Women, with less than 15% representation across High Courts.
- Dalits, Adivasis, and OBCs, whose voices are underrepresented.
- Sexual minorities, who have so far had zero representation in the judiciary.
This recommendation is a step toward correcting that imbalance and building a judiciary that reflects the society it serves.
The Collegium’s move to recommend India’s first openly LGBTQ+ judge is more than a headline—it is a historic assertion of constitutional morality, inclusion, and equal opportunity. If confirmed, the appointment will stand as a landmark moment for the Indian judiciary and the broader movement for LGBTQ+ equality.
RELATED Blog
0 comments