The Supreme¹ Court ruling reverses a landmark² 2009 Delhi High Court order which had decriminalised homosexual acts. 

 

The court said it was up to parliament to legislate³ on the issue.

 

According to Section 377, a 153-year-old colonial law, a same-sex relationship is an "unnatural⁴ offence" and punishable by a 10-year jail term.

 

Several political, social and religious groups had petitioned the Supreme Court to have the law reinstated in the wake of the 2009 court ruling.

 

 

"It is up to parliament to legislate on this issue," Justice GS Singhvi, the head of the two-judge Supreme Court bench, said in Wednesday's ruling, which came on his last day before retiring.

 

"The legislature must consider deleting this provision (Section 377) from law as per the recommendations of the attorney general," he added.

 

Gay rights activists⁵ have described Wednesday's Supreme Court ruling as "disappointing" and said they will approach the court to review its decision.

 

"Such a decision was totally unexpected from the top court. It is a black day," Arvind Narrain, a lawyer for the Alternative Law Forum⁶ gay rights group, told reporters.

 

"We are very angry about this regressive decision of the court," he said.

 

"This decision is a body-blow to people's rights to equality, privacy and dignity," G Ananthapadmanabhan of Amnesty International India said in a statement. 

 

"It is hard not to feel let down by this judgement, which has taken India back several years in its commitment to protect basic rights," he added.

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