Former Supreme Court judge Sanjay Kishan Kaul said, “The Judiciary Must Perform the Role of Catalyst for LGBTQIA+ Rights, ” while speaking at the launch event organised by Keshav Suri Foundation and Vidhi Centre for Legal Policy
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NEW DELHI: Former Supreme Court judge Justice (retd) Sanjay Kishan Kaul emphasised the need for the judiciary to act as a “catalyst” for the rights of LGBTQIA+ persons in India.
While speaking 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, on July 13, 2025, he said that anti-discrimination law was more crucial in today’s age, where access to capital was the requisite for access to capital.
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Justice Kaul said,
“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.”
While addressing, Justice Kaul also referred to the tennis player Radhika Yadav’s murder case, allegedly by her father over a personal relationship, he underscored the entrenched social stigma that continues to affect not just queer individuals, but also those in inter-caste and non-traditional relationships.
He said,
“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 daughter, when we talk of problems; please look at the society all around; this also has to change.”
He also acknowledged the recent administrative measure, introduced by the Union Ministry of Social Justice and Empowerment, this year in February, such as allowing queer couples access to ration cards, joint bank accounts, and next-of-kin rights in death. But he emphasized that these remain inadequate in the absence of statutory recognition.
He said,
“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 stressed that anti-discrimination law was more crucial in today’s age, where access to capital was the requisite for access to capital. He noted that access to essential goods, financial services, and public infrastructure remains an “existential difficulty” for many LGBTQIA+ individuals.
He also highlighted that even routine tasks like opening a bank account can become daunting if identity documents do not align with one’s gender identity. He said,
“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 that conforms to gender identity.”
He added,
“An almost existential difficulty faced by LGBTQIA persons is access to goods, financial services and access to public infrastructure.”
He remarked,
“A conservative mindset still prevails across much of the country, creating additional hurdles.”
Justice Kaul said,
“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.”
He expressed optimism about the country’s evolving stance on LGBTQIA+ rights, noting that while rural and conservative communities still show resistance, urban areas and younger generations are increasingly supportive.
“I genuinely believe the future holds more promise than the past,” said Justice (retd) Kaul, quoting Harvey Milk: “Hope will never be silent.”
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