Who is Nicolas Germain Bachmann partner of lawyer Saurabh Kirpal and is he gay

Who is Nicolas Germain Bachmann partner of lawyer Saurabh Kirpal and is he gay

Know about the partner of Saurabh Kirpal who is gay

The Supreme Court Collegium as reiterated its choice to nominate gay attorney Saurabh Kirpal to be a Delhi High Court judge. The court rejected the centre’s arguments against Kirpal, labelling them as unfounded. Because Saurabh Kirpal has a gay Swiss partner, the centre had objected to his appointment as a judge.

Who is Swiss Nicolas Germain Bachmann partner of lawyer Saurabh Kirpal and is he gay

Kirpal may become the first openly gay judge of a constitutional court.

If the national government ultimately accepts the collegium judgement, Saurabh Kirpal would become the first out-gay judge of an Indian High Court. In the beginning, the Collegium also made known the centre’s objections to a number of names, including Kirpal, that the Collegium had proposed for appointment as judges, and it also included the Collegium’s response to the concerns.

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The centre had opposed Kirpal’s name, claiming that since he is gay, he may be prejudiced because of his outspoken support for gay rights. It was also mentioned that his same-sex companion Nicolas Germain Bachmann is a citizen of Switzerland.

Official statement of the Collegium 

In response to the objection, the Collegium ruled that a person’s sexual orientation cannot be used as a reason to deny them employment. The Collegium stated that Switzerland is a friendly country and as such has no influence on national security in response to the centre’s concern that Kirpal’s gay partner is a Swiss national. The Collegium also noticed that a number of people in high positions have already married foreigners. Because of this, there can be no objection to Shri Saurabh Kirpal’s candidature on the grounds that his companion is a foreign national.

The Collegium further stated that “Kirpal’s participation in the judiciary will increase the bench’s diversity. He is competent, honourable, and intelligent. He hasn’t been covert about his orientation as a potential judgeship contender. It would be blatantly counter to the constitutional norms established by the Supreme Court to deny his candidature on that account given the constitutionally recognised rights that the candidate espouses,” the collegium composed of Chief Justice DY Chandrachud, Justices SK Kaul and KM Joseph said.

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For more than five years, the nomination of Kirpal to the Delhi High Court has been on hold. On October 13, 2017, the Delhi High Court Collegium unanimously made the suggestion, and on November 11, 2021, the Supreme Court Collegium unanimously accepted it. The SC collegium did decide, nonetheless, that Saurabh Kirpal should refrain from discussing the reasons the centre withheld the recommendation in public.

Who is Kirpal’s gay partner?

It is noteworthy that the Collegium did not highlight the fact that Nicolas Germain Bachmann, Saurabh Kirpal’s gay partner, is not only a foreign national but also a federal government employee of Switzerland.  He works for the Swiss Federal Department of Foreign Affairs and is stationed at the New Delhi embassy. Bachmann is also a proponent of human rights. Born in Italy, Nicolas Germain Bachmann later acquired Swiss citizenship.

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While it is true that a number of well-known people, including a former prime minister, have spouses of foreign descent, Kirpal’s partner working in the Swiss embassy in India gives the situation a new twist. Saurabh Kirpal is the son of the late Chief Justice of India, B N Kirpal. If appointed, this would be another appointment of a previous judge’s relative as a judge in an Indian court.

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