Indian court keeps status quo as it rejects gay law challenge

The Supreme Court threw out a 2009 New Delhi High Court decision that struck down the law as unconstitutional, saying it was for lawmakers – and not the courts –to decide the matter.

After the ruling was issued, dozens of activists outside the court started crying and hugging each other in consolation.

“This is a very sad day for us, we are back to square one in our fight for the democratic rights of the gay community,” said Ashok Row Kavi of the activist group Humsafar Trust.

Lawyers and supporters for gays, lesbians and transsexuals vowed to continue pressing for the removal of a law that they say encourages police harassment, even if it is rarely invoked by prosecutors.

“We feel very let down,” lawyer Anand Grover said. “But our fight is not over and we will continue to fight for the constitutional right.”

Mr Grover, who had argued the case, said the Supreme Court’s decision was “not correct in law”.

Mr Grover said the non-governmental organisation NAZ Foundation that had taken up the matter in the court would file a petition for a review of the top court’s decision.

The 2009 high court ruling had outraged conservative religious groups, who argued in an appeal that gay sex was unnatural and India should maintain the law, dating back to the 1860s when Britain ruled over South Asia.

In a rare alliance, representatives of different religious groups, including the All India Muslim Law Board, Christian and church groups, and Hindu spiritual leaders, had come together to challenge the high court’s order.

The order had said that treating consensual gay sex between adults as a crime was a violation of fundamental rights.