Supreme Court terms same-sex relationships illegal

As soon as the verdict was pronounced, gay activists in the court looked visibly upset.

The bench said Parliament is authorised to delete section 377 of IPC but till the time this penal provision is there, the court cannot legalise this kind of sexual relationship. 

After pronouncement of the judgement, gay rights activists said they will seek review of the apex court's verdict.

The court passed the order on a batch of petitions of anti-gay right activists and social and religious organisations against the high court's verdict decriminalising gay sex.

The bench had reserved its order in March last year after granting day-to-day hearing of the case from February 15, 2012.

While hearing the appeal, the apex court had pulled up the Centre for its “casual” approach on the issue of decriminalisation of homosexuality and also expressed concern over Parliament not discussing such important matters and blaming judiciary instead for its “over-reach”. 

While pleading for decriminalisation of gay sex, the Centre had subsequently told the court that the anti-gay law in the country had resulted from British colonialism and Indian society was much more tolerant towards homosexuality. 

The Delhi High Court had on July 2, 2009 decriminalised gay sex as provided in Section 377 of the Indian Penal Code (IPC) and had ruled that sex between two consenting adults in private would not be an offence.