Homosexuality is generally considered a taboo subject by both Indian civil society and the government. Public discussion of homosexuality in India has been inhibited by the fact that sexuality in any form is rarely discussed openly.

In a pathbreaking judgement, the Delhi High Court on Thursday legalised gay sex among consenting adults holding that the law making it a criminal offence violates fundamental rights.

However, Section 377 of the Indian Penal Code which criminalises homosexuality, will continue for non-consensual and non-vaginal sex.

“We declare section 377 of IPC in so far as it criminalises consensual sexual acts of adults in private is violative of Articles 14, 21 and 15 of the Constitution,” a Bench comprising Chief Justice A P Shah and Justice S Murlidhar said.

The judgment is coming close on the heels of statements from ministers on the possibility of a legislative intervention because of growing demands from the community of lesbians, gays, bisexuals and transgenders (LGBT).

The Centre has questioned the power of the judiciary for legalising gay sex in the country and said that courts should refrain from doing so as it might amount to encroaching legislative functions.

Religion has played a significant role in shaping Indian customs and traditions. While homosexuality has not been explicitly mentioned in the religious texts central to Hinduism, the largest religion in India, some interpretations have been viewed as condemning homosexuality.

several Muslim leaders have said any attempt to legally permit sex is an attack on religious and moral values.

“Legalisation of homosexuality is an attack on Indian religious and moral values,” over a dozen prominent Muslim religious leaders said in a statement.

Sexual acts “against the order of nature” remain illegal in India, though the government no longer seeks to prosecute adults engaging in private consensual homosexual acts.In recent years, the campaign to decriminalize homosexuality has strengthened. Campaigners emphasize both human rights and health issues, particularly the need to disseminate information about HIV/AIDS.

There is a vibrant gay nightlife in cities such as Mumbai, Hyderabad, and Bangalore, including discos and nightclubs. The reports of harassment of homosexual individuals and gatherings by the police has seen a gradual decline since 2004. The majority of Indians, according to various polls and surveys, still look down upon the LGBT community. However, many social and human rights activists have been working to promote an increased acceptance of homosexuality.

The United Nations urged India to decriminalise homosexuality by saying it would help the fight against HIV/AIDS by allowing intervention programmes, much like the successful ones in China and Brazil.
Homosexual relations are legally still a crime in India under an old British era statute dating from 1860 called Section 377 of the Indian Penal Code which criminalises ‘carnal intercourse against the order of nature.’ The vague nature of the legislation has resulted in it being used against a wide range sexual behaviour like oral sex (heterosexual and homosexual), sodomy, bestiality, etc . The punishment ranges from ten years to lifelong imprisonment.