The court made the observation in response to public interest litigation by Naz Foundation, a non-governmental organisation (NGO) fighting for gay rights. The NGO is seeking to decriminalise gay sex among consenting adults, saying it was against the Indian Constitution.

The Times of India newspaper quoted a division bench headed by Chief Justice AP Shah as saying, “This is just one-sided version of a religious body which cannot be relied upon. This is part of religious doctrine. Show us some scientific report which says that gay sex should be criminalised.”

The Indian government, ruled by centre-left United Progressive Alliance is of the opinion that homosexual behaviour reflects a perverse mind and must not be allowed in society.

Section 377 of the Indian Penal Code, introduced during British rule in India, states: “Whoever voluntarily has carnal intercourse against the order of nature with another person of the same sex shall be punished with imprisonment which may extend to ten years, and shall also be liable to fine.”



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