Himalayan Echoes Festival 2024: Saurabh Kirpal’s ‘Who Is Equal?’ Explores The Struggle For Equality In India

The Himalayan Echoes Festival 2024 is blooming under the tranquil skies of Nainital, where art and culture smile beautifully amidst nature. It was organized at the historic Abbotsford Estate on November 16-17.

The theme “Creativity, Art, Literature, Mountains” (C.A.L.M.) appropriately catches the serene yet powerful influence of mountains on human creativity and expression. Mountains are generally soothing; these mountains carve space for introspection, for inspiration, and for bonding with nature. Himalayan Echoes 2024 is presented by Indian Council for Cultural Relations (ICCR) & supported by Uttarakhand Tourism.

On the second day, November 17, one of the highlights was Session 4, titled “WHO IS EQUAL? The Search for Justice.” This compelling conversation featured Saurabh Kirpal, a senior advocate at Delhi High Court, in a discussion with NewsX Editor Uday Pratap Singh.

Who Is Equal? Saurabh Kirpal’s Quest for Equality in India

In a deeply divided society like India, where issues of caste, gender, religion, and sexuality often dominate the discourse, the question of “who is equal” remains both relevant and urgent. Saurabh Kirpal, a senior advocate at the Delhi High Court, delves into this complex issue in his thought-provoking new book, ‘WHO IS EQUAL’ exploring the multifaceted concept of equality in India. Kirpal’s work is not just a critique of the current socio-political landscape but also a personal reflection on his experiences as a gay man facing discrimination in a society that continues to grapple with acceptance and inclusivity.

The Trigger Behind the Book

Kirpal’s book emerges from his lived experiences and observations of deep-rooted inequalities in Indian society. He draws upon the everyday discrimination he faced growing up as a queer person in India. Some speculate that his motivation to write was linked to his delayed appointment as a judge—allegedly due to his sexuality. To which he replied, “Homophobia exists in the country; I have felt it as I grew up… It’s not an easy time. It has improved, but it’s still there,” Kirpal admits.

However, Kirpal clarifies that this was not the only reason. The book aims to ignite a conversation on equality without pointing fingers or condemning anyone. Kirpal sees his book as a starting point for a conversation, a way to bring these issues into the public domain. For him, it’s about challenging the status quo and encouraging people to think critically about who gets to be “equal” in the eyes of the law and society.

The Elusive Ideal of Equality

Kirpal’s exploration of equality is grounded in the realities of India’s social fabric. He acknowledges that achieving true equality is tough. “Ask women, ask the scheduled castes, ask Dalits,” he says. Kirpal points out that the Indian social structure is often built on envy and pride — people at the bottom are pulled down while those at the top cling to their power. The beneficiaries of inequality, whether in terms of wealth, caste, or gender, are reluctant to relinquish their advantages. ‘Men do not want to give up Patriarchy’, he emphasised.

For an equal society, according to Kirpal, is to chip away at the power held by a privileged few. He emphasizes that equality is only truly understood by those who are deprived of it. Women, Dalits, and other marginalized communities know firsthand what it feels like to be on the receiving end of inequality. Therefore, his book addresses these intersections — gender, caste, and class — as crucial areas where inequality persists.

Courts vs. Parliament: Who Should Champion Equality?

One of the central debates Kirpal engages with is the role of different institutions in promoting equality. When asked whether the judiciary or the executive should take the lead, he argues for a collaborative approach. “Both have to work together on their own ‘separate’ ground. Both lack,” he states. According to Kirpal, the judiciary sometimes overreaches, while Parliament has not fully lived up to its constitutional mandate. The absence of comprehensive anti-discrimination laws in India, Kirpal believes, forces the courts to step in where Parliament has failed.

The Reservation Debate

Kirpal is a staunch supporter of reservations, viewing them as essential but insufficient in addressing deep-seated inequalities. He argues that while reservations are necessary to level the playing field for historically marginalized communities, they alone cannot solve the problem. The challenge, he notes, is that resources are limited, leading to intense competition and polarization. “Reservation is essential, but the problem is that it’s polarizing because resources are few—jobs, colleges,” he explains.

Kirpal’s critique is not of the concept itself but of how it is implemented. He calls for a more nuanced approach, recognizing that one generation’s economic upliftment does not erase centuries of systemic discrimination.

Caste-Based Census: A Necessity or a Divide?

With growing demands for a caste-based census in India, the debate around its implications is fierce. Kirpal firmly supports such a survey, arguing that without accurate data, addressing inequality is nearly impossible. “Caste division exists in our society. You need a caste-based survey to get the information about the makeup of the country,” he asserts. According to him, understanding the true demographics can inform better policy-making, though he remains skeptical of the political motivations behind caste-based politics.

He criticises political leaders for exploiting caste divisions for electoral gains rather than genuinely improving the lives of marginalised communities. “There is no good faith argument between political leaders on the issue of caste ever,” he said.

The Fight for LGBTQ+ Rights: Beyond Decriminalization

Kirpal is a prominent voice in the fight for LGBTQ+ rights in India. While the Supreme Court’s 2018 verdict decriminalizing homosexuality was a significant milestone, the struggle for full equality, including same-sex marriage, continues. Kirpal advocates for the recognition of same-sex marriages, urging the judiciary to fulfill its constitutional obligation. “Marriage is a religious and secular institution at the same time. It’s a union between two people who have a bouquet of rights,” he explains.

However, Kirpal acknowledges the challenges ahead, given the ingrained homophobia in society. He remains hopeful that as younger generations assume positions of power, there will be a shift in attitudes towards LGBTQ+ rights. “Small changes are happening… Change will come when young people come to power,” he believes.

Kirpal’s book is not just a critique of the current state of inequality in India but also a call to action. It is a reminder that achieving equality requires the efforts of both institutions and individuals.