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India court overturns ban on gay sex

India - Gay rights activists welcomed ruling
India - Gay rights activists welcomed ruling

An Indian court has ruled that gay sex is not a crime, overturning a British colonial law that had been in place since 1861.

The High Court ruling that homosexual sex among consenting adults is not a crime is a boost for the 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.

Gay rights activists hailed the court verdict as historic and many supporters of homosexuality were seen celebrating.

'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.

'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.

It comes after nine years of legal proceedings initiated by India's gay groups.

Under the current law, homosexual sex is punishable by up to ten years in jail.