The Supreme Court of India ruled gay sex as an offence, Wednesday. The apex court struck down a 2009 lower court judgement decriminalizing homosexuality. The Supreme Court stated that gay sex was punishable under Section 377 of the Indian Penal Code, local media reported.
The court ruled the judgement after anti-gay right activists, social and religious organisations filed petitions against the Delhi high court ruling that said gay sex with consent is not an offence.
Under Section 377, the law that dates back to British rule in India, stated that, "whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal" can be punished by up to 10 years in prison.
The gay community was shocked and dismayed by the verdict. "We cannot be forced back into the closet. We are not backing off from our fight against discrimination," Gautam Bhan, an activist who had petitioned the court told the Associated Press. Noted historian Ramachandra Guha tweeted that the ruling was a step backward towards "barbarism and medievalism".
"We feel very let down," said lawyer Anand Grover of the advocacy group NAZ Foundation. "But our fight is not over and we will continue to fight for the constitutional right."
However, religious groups welcomed the Supreme Court decision in unison. "Only a man and a woman constitute a family and contribute for the holistic development of a child, which is not possible without a father and a mother," Amod Kanth, head of the Prayas organization for children's welfare, one of India's largest civic groups, told the Press Trust of India, a news agency.
Zafaryab Jilani, member of the All India Muslim Personal Law Board told BBC Hindi that the court understood the "belief and values" of the majority population in the country and had not suppressed any citizen.
