New Delhi, Thursday 2 July 2009: In an historic judgement, the Delhi High Court on Thursday ‘decriminalised’ Section 377 of IPC to make consensual sex among gay adults legal.

While pronouncing the judgement, the bench headed by Chief Justice A P Shah and Justice S Muralidhar referred to Pandit Jawharlal Nehru’s idea of equality, saying, “Equality should not be read literally, but in true spirit”.

The judgement surely is an emotional moment for the thousands of gays and homosexuals living in India, who had been since long fighting for their rights.

The bench, in its judgement, said that the Section 377 of the IPC- which prescribes punishment upto life imprisonment for indulging in unnatural sexual act - as far as it criminalises gay sex among consenting adults is violation of fundamental rights.

However, the court added that Section 377 will continue for non-consensual sex.

The judgement, however, will not be binding outside Delhi.

The Centre had submitted that gay sex is immoral and reflection of a perverse mind and its decriminalisation would lead to moral degradation of society.

“Every citizen has the right to lead a decent and moral life in society and the right would be violated if such behaviour (gay sex) is legalised in the country,” the government had contended adding allowing gay sex would pose a health hazard to society.

It remains to be seen whether the Centre would appeal against the order in the Supreme Court.