The Supreme Court today upheld the constitutional validity of the penal provision making gay sex an offence punishable with upto life imprisonment. A bench of justices G S Singhvi and S J Mukhopadhaya set aside the Delhi High Court's verdict which had in 2009 decriminalised gay sex among consenting adults in private.

The bench allowed the appeals filed by various social and religious organisations challenging the high court verdict on the ground that gay sex is against the cultural and religious values of the country.
The court ruled that there is no constitutional infirmity in section 377 of the Indian Penal Code, IPC which makes gay sex an offence punishable with upto life imprisonment.

With the apex court verdict, the operation of penal provision against gay sex has come into force. 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 Delhi High Court had on July 2, 2009 decriminalised gay sex as provided in Section 377 of the IPC and had ruled that sex between two consenting adults in private would not be an offence.

Janata Dal (United) leader Shivanand Tiwari has called for a Supreme Court review of its judgment making same sex relations between individuals again illegal. Talking to reporters outside parliament he said this ruling is against the worldwide trend and in Indian society too this has been socially accepted since mythological times.