NEW DELHI, (Reuters) – An Indian court yesterday  ruled gay sex was not a crime, a verdict that will bolster  demands by gay and health groups that the government scrap a  British colonial law which bans homosexual sex.

In a country where public hugging and kissing even among  heterosexuals invites lewd remarks and sometimes beatings, gay  sex has been a taboo, leaving the government unsure how  conservative Indians would react if the law was repealed.

The Delhi High Court’s ruling that homosexual sex among  consenting adults is not a crime is expected to boost an  increasingly vocal pro-gay lobby in India that says the  British-era law was a violation of human rights.

The current law bans “sex against the order of nature”, and  is widely interpreted to mean homosexual sex in India.

Gay rights activists hailed the court verdict as historic  and many supporters of homosexuality were seen celebrating with  sweets and smearing each other with vermilion.

“We have finally entered into the 21st century,” said  Anjali Gopalan, leader of Naz Foundation, a leading health and  gay rights lobby.

The ruling applies to all of India, but can be appealed at  the Supreme Court.
Gay rights activists also argue the law, framed in 1861,  was an impediment in fighting against HIV/AIDS because many  homosexuals refuse to come out in the open fearing harassment  by authorities.

“Consensual sex amongst adults is legal which includes even  gay sex and sex among the same sexes,” said a two-judge bench  of the court. The verdict said the current law will apply in  the event of sex without consent.

Petitions to change the 1861 law have so far been firmly  rejected by the government but there has been some softening up  on the stand in recent years, with officials saying the  possibility of revoking the ban was being discussed.

Yesterday’s court verdict came after nine years of legal  proceedings initiated by India’s gay groups.
Under the current law, homosexual sex is punishable by up  to 10 years in jail.