Who Is Equal The Equality Code of the Constitution

In 1950, we, the people of India, gave ourselves a constitution that promised justice, liberty and equality to all its citizens. Decades later, as a nation, we still struggle with inequality in various forms—religion, sex, caste, gender. As we forge ahead, it is imperative to ask, ‘who is equal?’, and 'is the idea of equality elusive to achieve?'

In his new book, Saurabh Kirpal, a senior Supreme Court lawyer, seeks to untangle the philosophical and practical tangents of inequality prevalent in our country. He presents to the readers the explanation and understanding of the existing laws and discusses theories that allow a close inspection of concerns over a spectrum. Well-researched, insightful and drawn from experience, Who is Equal?, positions India at the intersection of equality and inequality, and delivers a perspective that is retrospective and contemporary.

After studying physics at St Stephens College in Delhi, Saurabh Kirpal read law at the University of Oxford and did his master’s in law at the University of Cambridge. He did a brief stint working with the United Nations in Geneva before returning to Delhi. There, he has been practicing at the Supreme Court and the Delhi High Court and has been designated as a Senior Advocate by a unanimous Court. He has appeared in a range of matters covering a diverse range of subjects from commercial to constitutional law. This is reflected in the variety of clients he has appeared for—from Anil Ambani in his legal battle against his brother to being the counsel for Navtej Johar, Ritu Dalmia and others in the case that led to the reading down of Section 377 of the Indian Penal Code. He also argued the case seeking recognition of same sex marriage before the Supreme Court. A self-described ‘accidental activist’ he also is the managing trustee of the Naz Foundation Trust, the NGO that first fought for decriminalization of homosexuality in India. He is editor of Sex and the Supreme Court, an anthology about issues relating to law, gender and sexuality and has also authored the book Fifteen judgments: Cases that Shaped India’s Financial Landscape.