Supreme Court says homosexuality is criminal offence

The Supreme court, the highest court in the country today ruled that homosexuality is a criminal offence setting aside the decision of Delhi high court, which in 2009 has decriminalised sexual relation between persons belonging to the same sex.

A bench of justices G.S Singhvi and S.J Mukhopadhaya stated that Section 377 of Indian Penal Code (IPC) makes anal sex a punishable offence.

The judges said it is the responsibility of the parliament to change the law which is in effect since 1860.

"It is for the legislature to look into desirability of deleting section 377 of the IPC," the apex court said.

Gay rights activists said they will seek review of the apex court's verdict.

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.

After the 2009 verdict, Senior BJP leader B P Singhal, who died in October last year, had challenged the high court verdict in the apex court, saying such acts are illegal, immoral and against the ethos of the Indian culture.

Section 377 (unnatural offences) of IPC makes gay sex a criminal offence entailing punishment up to life imprisonment.