NEW DELHI: The Indian government has refused to appoint a senior lawyer as a judge because he is gay and has a foreign partner, the country’s apex court said on Friday.

New Delhi decriminalised gay sex as late as in 2018 with a supreme court ruling, and opposition to gay rights is widespread in the country.

Attitudes to homosexuality have softened somewhat among the urban middle classes, but many gay Indians still risk being shunned by their families, friends or at work if they come out.

In November, a supreme court panel, including the chief justice, unanimously recommended Saurabh Kirpal, who is openly gay, for appointment as a high court judge in Delhi.

But the government sent back his candidature, saying the country’s external intelligence agency and law ministry had objected on the grounds of his sexual orientation and “intimate relationship” with a Swiss national, the panel said on the court’s website.

Prime Minister Narendra Modi’s administration has resisted attempts to formally recognise same-sex relationships in cases heard in lower courts.

Kirpal was nominated on merit, the panel said late on Thursday, praising his openness about his orientation and saying that rejecting his elevation would violate “constitutionally recognised rights”.

According to the statement, India’s law minister pointed out Kirpal’s “ardent involvement and passionate attachment to the cause of gay rights” and said it raised the “possibility of bias and prejudice”.

“Homosexuality stands decriminalised in India, nonetheless same-sex marriage still remains bereft of recognition either in codified statutory law or uncodified personal law in India,” the minister had added.

Several petitioners are seeking supreme court hearings in the hope of allowing same-sex marriage.

The court and the Modi government are embroiled in a tussle over the naming of judges.

Published in Dawn, January 21st, 2023