The move came less than a week after gay and lesbian protestors marched throught the streets of the capital demanding change.

In a 105 page judgement, the High Court justices declared that Section 377 of the Indian Penal Code (which outlaws “unnatural” sexual acts) was unconstitutional because it “denies a gay person a right to full personhood.”

The Times of India called the decision "a welcome step forward", saying the criminalisation of homosexuality was "a relic of the past."

"By legalising homosexuality, the Delhi High Court has restored the personal freedom and rights of homosexuals, guaranteed to them by the Indian Constitution," their editorial ran.

The decision has been a long time coming, with the High Court repeatedly locking horns with the Indian Home Office. The government tried to argue homosexuality was a mental illness, which the High Court rejected firmly in October last year, issuing the Attorney-General a “please explain” as to why homosexuality should remain criminalised.

Naz Foundation told the court that criminalisation of gay sex had severely curtailed their AIDS intervention programs. Gay groups were forced underground and it was impossible to effectively spread safe sex messages as a result.

“Now it seems we are in the 21st century as the rights of homosexuals have been recognised by the court. This is a very progressive judgment which recognizes the right to equality of homosexuals,” Anjali Gopalan of Naz Foundation told The Hindustan Times.

The Times of India reported the verdict has triggered protests from religious leaders of all stripes who invoked the “will of God” to claim that the ruling would lead to the “ruination” of society and family values. Social workers and psychologists, however, welcomed the order, describing it as “scientific and humane” according to the newspaper.

The ruling only affects the capital city, New Delhi. Other states will have to repeal Section 377 of their own accord, but activists are hopeful the Delhi High Court decision will act as a catalyst for change.

Photo: Activists rejoice in the courtroom (c. Times of India)

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