Sex between consenting homosexual partners is once again illegal in India after the Supreme Court overturned the Delhi High Court’s ruling in 2009. Setting aside the Delhi High Court verdict of 2009, the apex court bench of Justice GS Singhvi and Justice SJ Mukhopadhayay said there was no constitutional room for change in Section 377 of the Indian Penal Code.

Section 377 of the IPC holds that same-gender sexual relationship is against the order of the nature and is an offence. The apex court by its ruling yesterday upheld the constitutional validity of the section. The Delhi High Court by its verdict, which the apex court has now set aside, had decriminalised the sexual relationship between consenting adults of the same gender under Section 377. It was up to parliament, the court said, to decide whether or not to keep the law in the statute books.u00a0