New Delhi: The government indicates it may not contest the judgement that makes gay consensual sex among adults legal, but religious leaders oppose it.
In a landmark judgement, the Delhi High Court has ruled that consensual sex among gay adults is legal and therefore not punishable under Section 377 of the Indian Penal Code.
The verdict in effect decriminalises homosexuality in India.
The Delhi High court was ruling on a petition filed by the Naaz Foundation and an activist group called Voices Against 377.
Thursday's decision comes after a long battle by gay rights activists to get Section 377 amended. Just last Sunday on the 28th of June, gay rights activists -- men and women -- and supporters took out massive parades in New Delhi, Chennai and Bangalore demanding the scrapping of Section 377.
Legally gay
The two-judge bench of Chief Justice A P Shah and Justice S Murlidhar said:
"Inclusiveness is the underlying theme of Indian Constitution...its a value deeply ingrained in Indian society.
Those perceived by the majority as 'deviants' or 'different' are not on that score excluded or ostracised.
Where society can display inclusiveness and understanding, such persons can be assured of a life of dignity and nondiscrimination."
Making a strong point about gay people not being excluded from the mainstream.
The judgement has been hailed by the gay community, by activists and liberals alike. In the court the verdict was greeted with a great deal of emotion, with people hugging each other and crying.
However, religious leaders have already voiced their opposition to the verdict, an organisation of Catholic Bishops has already announced its decision to meet with the Law minister. Politicians meanwhile are just treading cautiously.