Latest news with #SanjayKishanKaul
The Wire
3 days ago
- Politics
- The Wire
The Future of Queer Rights in India and Why the Judiciary Must Play Catalyst
This is the full text of the speech delivered by Justice Sanjay Kishan Kaul on Saturday, July 12, at the launch of a report and recommendations by the Keshav Suri Foundation and the Vidhi Centre for Legal Policy titled 'Queering the Law: Beyond Supriyo' at The Lalit, Delhi. The document lists legal and policy solutions to help eliminate systemic discrimination, ensure recognition of queer relationships and families, and promote equal access to healthcare, safety education, and employment. The recommendations are based on legal research and community consultations across Delhi, Mumbai and Jaipur. § The Future of Queer Rights in India A very good evening to all gathered today! Mr Keshav Suri, Founder of the Keshav Suri Foundation (KSF), Dr. Jyotsna Suri, Chairperson and Managing Director, The Lalit Suri Hospitality Group, Senior Advocates Mr. Saurabh Kirpal, Ms. Menaka Guruswamy and Ms. Arundhati Katju, Dr. Arghya Sengupta and other members from the Vidhi Centre for Legal Policy and other esteemed panellists. At the outset I extend my congratulations to the entire Vidhi team in coming out with the public policy brief on ' Queering the Law: Beyond Suprio' assiduously prepared jointly by Vidhi and Keshav Suri Foundation (KSF). Vidhi, of course, has been doing commendable work across topical issues and its detailed recommendations are invariably well received and acknowledged. The Future of Queer Rights, assumes even more significance, not only because of the recent pronouncement of the Supreme Court in Supriyo, but also because it really is an issue that must be discussed with legislative reforms at the heart of such discussion coupled with a need for advocating change in societal perception. As I had opined in Supriyo, our Constitution contemplates a holistic understanding of equality, which applies to all spheres of life. The practice of equality necessitates acceptance and protection of individual choices. This endeavour not only requires judicial interpretation of existing statutes but also an attempt on the part of the legislature to consolidate and make necessary amendments to laws that remain archaic and rooted in a biased assignment of rights. The future of Queer Rights in India, as the Supreme Court had opined in Supriyo requires action in the realm of the legislature and the executive with a co-ordinated effort across various ministries and department. This is so because redressal is to take place across various aspects. Amendment to only civil laws relating to marriage, parenthood and inheritance and making them more inclusive would in my view be only the first step albeit significant. What is required perhaps is also a legislation on civil union. Vidhi, last year, had published what I believe to be a more contemporary rendition of a comprehensive Family Code. This could definitely form the basis of a framework to aid public deliberations on family laws in India. Cue may also be taken by the legislature while framing laws relating to civil union from those already enacted in foreign jurisdictions. For instance, the UK Civil Partnership Act which defines and provides for registration of civil unions or the Australian Family Law Act which states that two persons are in a relationship, if they are not married, not related to each other by family but have been in a relation with each other on a domestic basis. Vidhi's recommendations to the Committee constituted following the decision in Supriyo extensively cover these facets. Protection must also be afforded to such unions which are not ultimately registered but a relationship exists between two persons which could characterised as a civil union. Yet another hurdle to be crossed and surely an important consideration for any couple, would be parent-child relations and the law on this subject. Presently, parent-child relations are determined under an array of statutes – CARA Regulations for adoptions, Guardianship and Wards Act, Juvenile Justice Act, Surrogacy Act. Unfortunately, these legislations deem couples to mean only heterosexual couples. Reformation, amendment or introduction of new legislation is warranted here too. Gender-based discrimination and even bias against single parents must be written out of the statutes. In fact, in Supriyo, the minority view had noted that CARA regulations to the extent that unmarried couples could not adopt a child would disproportionately effect non-heterosexual couples since the State had not conferred legal recognition to the union of queer couples. Both the minority and majority, however, recognised that this area of the law required state intervention. A closely connected aspect would also be whether extant provisions which do not accord legitimacy to children of married couples as opposed to unmarried couples which, of course, would include non-heterosexual couples. There is a need for reworking this statutory scheme and move in-step with societal reality of the 21st century. An almost existential difficulty faced by LGBTQIA persons is access to goods, financial services and access to public infrastructure. In this regard, in my opinion in Supriyo, I had underscored the need for an umbrella anti-discrimination law, noting that: "There are several laws that have an anti-discrimination aspect to them. However, they are fragmented and may fail to capture the multitudinous forms of discrimination. Another compelling reason for a law that places a horizontal duty of anti-discrimination is provided by the spirit of Article 15, which prohibits discrimination by both the State and private actors." Furthermore, while anti-discrimination law do exist, they require courts to be: "...'sentinel on the qui vive', the only method to enforce this Constitutional right under Article 15 would be through its writ jurisdiction. There are significant challenges for marginalized communities to access this remedy. Therefore, the proliferation of remedies through an anti-discrimination statute can be a fitting solution. Such legislation would also be in furtherance of the positive duty of the State to secure social order and to promote justice and social welfare under Article 38 of the Constitution." Anti-discrimination law is ever more crucial in today's age where access to capital is sine qua non for say starting a business, buying a house or even otherwise bridging personal needs is wholly dependent on factors such as ease of availing loans or finances, opening bank accounts. Undoubtedly, there are barriers to access for LGBTQIA persons to even something as routine as opening a bank account which requires one to carry a document which conforms to gender identity. There is also a more deep-rooted societal bias, which compound inaccessibility to the financial system which is normally available to cis-gender or heteronormative individuals. This is naturally a significant handicap to the LGBTQIA community. On the whole, In my view, the future beckons a sanguine and more inclusive reality which requires a more concerted effort not only on the part of the judiciary and legislature but also the more pressing and urgent need for societal reformation. Dishearteningly, there still persists a stigma and sense of rejection for LGBTQIA persons, in particular, non-binary and transgender individuals. There is also, a degree of legislative inertia on the rights and entitlements of queer persons which risks prolonging the legal limbo for same-sex couples seeking marriage, adoption, or inheritance rights. A conservative attitude still persists across a large populace of the country which hinders acceptance. The Supriyo judgment is a nuanced milestone in India's queer rights journey. It affirms cohabitation and non-discrimination rights for LGBTQ individuals but defers to parliamentary wisdom. The minority's push for civil unions offers a potential middle ground, while the court's directives for a government committee signal incremental progress a chasm is required to be crossed which would only be successful through tempered judicial intervention, legislative progress and most importantly growing societal awareness. I believe, we are on a path of progressive recognition of rights of LGBTQIA persons. The Supreme Court's pronouncement in National Legal Services Authority v. Union of India recognized transgender individuals' right to self-identify their gender. The Transgender Persons (Protection of Rights) Act, 2019 codifies identification of gender but has several lacunae to be filled by the legislature. Societal perception plays a key role. A 2019 Pew survey found 37% of Indians supported homosexuality, up from 15% in 2013. Urban areas and younger generations show greater openness, but rural and conservative communities often remain hostile. The judiciary must perform the role of a catalyst. India's legislative landscape for LGBTQIA recognition has evolved, but significant gaps persist. The term 'queer' is not defined in Indian law, and asexual individuals are invisible in policy frameworks. In February 2025, the Ministry of Social Justice and Empowerment introduced certain administrative measures for queer couples, including access to ration cards, joint bank accounts, and the right to claim a partner's body in case of death (if no next of kin exists). These measures, prompted by the Supreme Court's Judgement in Supriyo are a step forward but remain limited, as they are not enshrined in statute and do not address comprehensive rights. I truly believe that the future is more promising than what is behind us and in the words of Harvey Milk, the first openly gay man to be elected to public office in California, 'Hope will never be silent'. Justice Sanjay Kishan Kaul retired as a Supreme Court judge in 2023.
The Hindu
4 days ago
- Politics
- The Hindu
Judiciary must perform role of catalyst for LGBTQIA+ rights: Former SC judge Sanjay Kishan Kaul
Former Supreme Court judge Justice (retd) Sanjay Kishan Kaul said that the judiciary must perform the role of a catalyst for the rights of LGBTQIA+ persons. He was speaking on Saturday (July 13, 2025) at the launch event of a policy document on recommendations for queer inclusion in India's legal and social landscape, organised by Keshav Suri Foundation and Vidhi Centre for Legal Policy. 'The judiciary must perform the role of a catalyst. India's legislative landscape for LGBTQIA+ recognition has evolved, but significant gaps persist. The term queer is not defined in Indian law, and asexual individuals are invisible in policy frameworks,' Justice (retd) Kaul said. During his keynote address, the former apex court judge also referred to the tennis player Radhika Yadav's murder case. 'The challenge that we face in our country, and actually across the world, I think, (about discrimination). See a thing as simple as a man-woman relationship, where a woman chooses on her own – forget the cities, look at how it dealt with at different levels, inter-caste marriages; people let loose the process which destroy the lives of their children – the recent episode two days ago where a father shoots her own daughter – when we talk of problems; please look at the society all around; this also has to change,' Justice (retd) Kaul said. He said that in February this year, the Union Ministry of Social Justice and Empowerment introduced certain administrative measures for queer couples, including access to ration cards, joint bank accounts, and the right to claim a partner's body in case of death (if no next of kin existed). 'These measures, prompted by the Supreme Court's (earlier) judgment, are a step forward but remain limited, as they are not enshrined in statute and do not address comprehensive rights,' he said. Justice (retd) Kaul said that anti-discrimination law was more crucial in today's age, where access to capital was the requisite for access to capital. 'Starting a business, buying a house or even otherwise bridging personal needs is wholly dependent on factors such as ease of availing loans or finances, opening bank accounts. Undoubtedly, there are barriers to access for LGBTQIA+ persons to even something as routine as opening a bank account, which requires one to carry a document which conforms to gender identity,' he said. 'An almost existential difficulty faced by LGBTQIA persons is access to goods, financial services and access to public infrastructure,' the ex-top court judge added. He said the future of queer rights required action in the realm of the legislature and the executive, with a coordinated effort across various ministries and departments. 'There is also, a degree of legislative inertia on the rights and entitlements of queer persons, which risks prolonging the legal limbo for same-sex couples seeking marriage, adoption, or inheritance rights. A conservative attitude still persists across a large populace of the country, which hinders acceptance,' said Justice (retd) Kaul. He said that the country was on a path of progressive recognition of the rights of LGBTQIA+ persons and that urban areas and younger generations showed greater openness, even while the rural and conservative communities remained hostile. 'I truly believe that the future is more promising than what is behind us, and in the words of Harvey Milk, the first openly gay man to be elected to public office in California, 'Hope will never be silent,' said Justice (retd) Kaul.
Hindustan Times
4 days ago
- Politics
- Hindustan Times
Judiciary must perform role of catalyst for LGBTQIA rights: Former SC judge Sanjay Kishan Kaul
New Delhi, Former Supreme Court judge Justice Sanjay Kishan Kaul said that the judiciary must perform the role of a catalyst for the rights of LGBTQIA persons. Judiciary must perform role of catalyst for LGBTQIA rights: Former SC judge Sanjay Kishan Kaul He was speaking on Saturday at the launch event of a policy document on recommendations for queer inclusion in India's legal and social landscape, organised by Keshav Suri Foundation and Vidhi Centre for Legal Policy. "The judiciary must perform the role of a catalyst. India's legislative landscape for LGBTQIA recognition has evolved, but significant gaps persist. The term queer is not defined in Indian law, and asexual individuals are invisible in policy frameworks," Justice Kaul said. During his keynote address, the former apex court judge also referred to the tennis player Radhika Yadav's murder case. "The challenge that we face in our country, and actually across the world, I think, . See a thing as simple as a man-woman relationship, where a woman chooses on her own forget the cities, look at how it dealt with at different levels, inter-caste marriages; people let loose the process which destroy the lives of their children the recent episode two days ago where a father shoots her own daughter when we talk of problems; please look at the society all around; this also has to change," Justice Kaul said. He said that in February this year, the Union Ministry of Social Justice and Empowerment introduced certain administrative measures for queer couples, including access to ration cards, joint bank accounts, and the right to claim a partner's body in case of death . "These measures, prompted by the Supreme Court's judgment, are a step forward but remain limited, as they are not enshrined in statute and do not address comprehensive rights," he said. Justice Kaul said that anti-discrimination law was more crucial in today's age, where access to capital was the requisite for access to capital. "Starting a business, buying a house or even otherwise bridging personal needs is wholly dependent on factors such as ease of availing loans or finances, opening bank accounts. Undoubtedly, there are barriers to access for LGBTQIA persons to even something as routine as opening a bank account, which requires one to carry a document which conforms to gender identity," he said. "An almost existential difficulty faced by LGBTQIA persons is access to goods, financial services and access to public infrastructure," the ex-top court judge added. He said the future of queer rights required action in the realm of the legislature and the executive, with a coordinated effort across various ministries and departments. "There is also, a degree of legislative inertia on the rights and entitlements of queer persons, which risks prolonging the legal limbo for same-sex couples seeking marriage, adoption, or inheritance rights. A conservative attitude still persists across a large populace of the country, which hinders acceptance," said Justice Kaul. He said that the country was on a path of progressive recognition of the rights of LGBTQIA persons and that urban areas and younger generations showed greater openness, even while the rural and conservative communities remained hostile. "I truly believe that the future is more promising than what is behind us, and in the words of Harvey Milk, the first openly gay man to be elected to public office in California, 'Hope will never be silent," said Justice Kaul. This article was generated from an automated news agency feed without modifications to text.
Time of India
4 days ago
- Politics
- Time of India
Judiciary must perform role of catalyst for LGBTQIA+ rights: Former SC judge Sanjay Kishan Kaul
Former Supreme Court judge Justice (retd) Sanjay Kishan Kaul said that the judiciary must perform the role of a catalyst for the rights of LGBTQIA+ persons. He was speaking on Saturday at the launch event of a policy document on recommendations for queer inclusion in India's legal and social landscape, organised by Keshav Suri Foundation and Vidhi Centre for Legal Policy. "The judiciary must perform the role of a catalyst. India's legislative landscape for LGBTQIA+ recognition has evolved, but significant gaps persist. The term queer is not defined in Indian law, and asexual individuals are invisible in policy frameworks," Justice (retd) Kaul said. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Cardiologist Reveals: The Simple Morning Habit for a Flatter Belly After 50! Lulutox Undo During his keynote address, the former apex court judge also referred to the tennis player Radhika Yadav's murder case. "The challenge that we face in our country, and actually across the world, I think, (about discrimination). See a thing as simple as a man-woman relationship, where a woman chooses on her own -- forget the cities, look at how it dealt with at different levels, inter-caste marriages; people let loose the process which destroy the lives of their children -- the recent episode two days ago where a father shoots her own daughter -- when we talk of problems; please look at the society all around; this also has to change," Justice (retd) Kaul said. Live Events He said that in February this year, the Union Ministry of Social Justice and Empowerment introduced certain administrative measures for queer couples, including access to ration cards, joint bank accounts, and the right to claim a partner's body in case of death (if no next of kin existed). "These measures, prompted by the Supreme Court's (earlier) judgment, are a step forward but remain limited, as they are not enshrined in statute and do not address comprehensive rights," he said. Justice (retd) Kaul said that anti-discrimination law was more crucial in today's age, where access to capital was the requisite for access to capital. "Starting a business, buying a house or even otherwise bridging personal needs is wholly dependent on factors such as ease of availing loans or finances, opening bank accounts. Undoubtedly, there are barriers to access for LGBTQIA+ persons to even something as routine as opening a bank account, which requires one to carry a document which conforms to gender identity," he said. "An almost existential difficulty faced by LGBTQIA persons is access to goods, financial services and access to public infrastructure," the ex-top court judge added. He said the future of queer rights required action in the realm of the legislature and the executive, with a coordinated effort across various ministries and departments. "There is also, a degree of legislative inertia on the rights and entitlements of queer persons, which risks prolonging the legal limbo for same-sex couples seeking marriage, adoption, or inheritance rights. A conservative attitude still persists across a large populace of the country, which hinders acceptance," said Justice (retd) Kaul. He said that the country was on a path of progressive recognition of the rights of LGBTQIA+ persons and that urban areas and younger generations showed greater openness, even while the rural and conservative communities remained hostile. "I truly believe that the future is more promising than what is behind us, and in the words of Harvey Milk, the first openly gay man to be elected to public office in California, 'Hope will never be silent," said Justice (retd) Kaul.
The Wire
5 days ago
- Politics
- The Wire
Judging the Judges: Should Govt be Taking the Lead in the Justice Varma Case?
Kapil Sibal 3 minutes ago Kapil Sibal speaks to Justice Sanjay Kishan Kaul, Justice Madan Lokur as well as Justice Mukta Gupta about the Justice Varma case. There was an uproar when wads of currency notes were allegedly found in a judge's outhouse when a fire brigade went there to douse a fire. The chief justice instituted an inquiry after receiving videos from the Delhi police. The committee has had harsh things to say about Justice Varma. But what is the process for getting judges to leave office in cases like these? How should a possible impeachment process go forward? How deep should the government get involved? Kapil Sibal speaks to two retired Supreme Court judges, Justice Sanjay Kishan Kaul and Justice Madan Lokur as well as Justice Mukta Gupta, a retired judge of the Delhi high court to examine all aspects of the controversy. The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.
