In 2001, the NGO Naz Foundation had approached the Delhi High Court against it.

In 2009, the Delhi High Court decriminalised sex between consenting adults of the same gender by holding the penal provision "illegal".

The 2009 judgement of the High Court was overturned in 2013 by the apex court which also dismissed a review plea. So, in 2013, the SC restored the criminality of the sexual relationship between persons of the same sex.

The five-judge bench on 10 July had made it clear that it was not going into the curative petitions and would adjudicate on fresh writ petitions in the matter.