New Delhi: The Supreme Court has made a judgement saying that gay sex remains a criminal offence, leaving the largely-closeted homosexual community in India looking to legislation by Parliament as their last hope. The crucial verdict came on Wednesday December 11.

The apex court delivered its order on petitions challenging the landmark Delhi High Court judgment of 2009 decriminalizing homosexuality.

Additional Solicitor General Indira Jaisingh said, “It is surprising that the court which does judicial review on many issues has put the ball in the court of Parliament to decide on homosexuality. People expect the highest court of the land to protect their rights.”

Earlier, the court had decriminalized homosexuality while reading down Section 377 of the Indian Penal Code and ruled that sex between two consenting adults in private would not be an offense, petitions against the order were filed by anti-gay rights activists, social and religious organizations in the HC, with regards to the same the decision was taken today.

Religious organizations such as the All India Muslim Personal Law Board, Utkal Christian Council and Apostolic Churches Alliance had filed appeals against Section 377 but after the verdict is given now, the Gay rights NGO Naz foundation are said to seek a review of the verdict.

Meanwhile the SC stated that homosexuality is criminalized and conviction will be under the existing 1890 law which carries a fine and up to 10 years in jail.