New Delhi:
The Supreme Court on Wednesday set aside Delhi High Court ruling decriminalising gay sex among consenting adults in private.
The apex court also made gay sex an offence punishable with upto life imprisonment.
A bench of justices G S Singhvi and S J Mukhopadhaya delivered the verdict on petitions of anti-gay right activists, social and religious organisations against the 2009 verdict of the high court, which decriminalised gay sex.
Not accepting the decision, gay rights NGO Naz Foundation, said, "We will seek review of SC verdict on homosexuality."
Petitioner SK Tijarawala said, "It is a historical judgment on India’s culture. Indians all over the world are happy. SC has also said that it is not under court of law but Parliament will take a call on this. Even Baba Ramdev has said homosexuality is not natural; it is mental disease. They are a social and moral crime."
However, Deepti Sharma, voice raiser for LGBT community said, "It is a heartbreaking verdict. We will go through the text of the argument and file further petition. Our struggle will continue. A court in this day cannot take back their rights."
Activist Annie Raja said, "I don’t think so that this is the final decision of the SC. It needs a wider discussion and debate. It is one of the human right issue, that is why we should not jump into any conclusion. There is no need to rush."
The decision was reserved in March last year. The Delhi High Court had on July 2, in 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.
Section 377 (unnatural offences) of the IPC makes gay sex a criminal offence entailing punishment up to life term.
Senior BJP leader B P Singhal, who died in October last year, had challenged the high court verdict in the Supreme Court saying such acts are illegal, immoral and against the ethos of Indian culture.
(With PTI inputs)
