In a blow to gay rights activists, 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 bench, however, put the ball in Parliament's court to take a decision on the controversial issue, saying it is for the legislature to debate and decide on the matter. With the apex court verdict, the operation of penal provision against gay sex has come into force.

As soon as the verdict was pronounced, gay activists in the court looked visibly upset.



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.

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