On 02 Jul 2009, in a historic judgement Justice S. Muralidhar of the New Delhi High Court struck down the law in India that made consensual sex between two homosexuals a crime. The decriminalisation of homosexuality in India has liberated millions of LGBT Indians and is a huge step towards equal rights for LGBT people in the developing nations.

Conservative religious groups in the country were quick to critise the ruling, stating "homosexual" behaviour violates the Indian cultural norms and the laws of all faiths. However, the criticisms had no effect on the Indian LGBT Activists as they celebrated with hugs and tears in the courtroom after the judge read the main section of the ruling that consensual sex between people over the age of 18 could no longer be seen as a crime.

Justice S. Muralidhar wrote: "This Court believes that Indian Constitution reflects this value deeply ingrained in Indian society. Those perceived by the majority as deviants or 'different' are not on that score excluded or ostracised. Where society can display inclusiveness and understanding, such persons can be assured of a life of dignity and non-discrimination."

A court spokesperson said "If not amended, section 377 of the Indian Penal Code (IPC) would violate Article 21 of the Indian Constitution, which states that every citizen is equal and should have equal right to live their life.

"Section 377: A law from the British Raj era, which states that homosexuality and 'unnatural sex' is a criminal act."

Following is the breakdown of the judgement:

· Section 377 of IPC making gay sex among consenting adults as criminal offence violates fundamental rights.

· The penal provision will continue to govern non-consensual penile non-vaginal sex and penile non-vaginal sex involving minors.

· Section 377 denies a gay person a right to full personhood.

· A person under 18 would not be able to give consent to such sexual acts.

· Adult means anyone who is 18 or over.

· The verdict decriminalising homosexual acts between consenting adult partners would not have retrospective effect.

· Any discrimination on the basis of sexual preference is antithesis of equality and that it is the recognition of equality, which will foster dignity of every individual.

· A provision of law branding one section of people as criminal based wholly on states' moral disapproval of that class goes against the equality guaranteed in the Constitution.

· The provision of section 377 is against the Constitutional values and the notion of human dignity, which is considered to be cornerstone of our Constitution.

Therefore, homosexuality is decriminalised in India between consenting adults (Over 18).

However, on the day the Indian High Court liberated LGBT community, the Shiromani Gurdwara Prabandhak Committee (SGPC), which manages the affairs of Sikh shrines around the world, also condemned the court ruling.

Hardeep Singh, a SGPC member, said: “This decision of the court is the testimony of the fact that despite achieving so many landmarks we are still under the clutches of westerners. It is really sad that we are ruining our values and beliefs by blindly following other people.

“This will destroy the dignity of civilised society and the future of our youngsters.”

A member of radical Sikh group Dal Khalsa said on condition of anonymity: “This day should be remembered as a ‘black day’ in the history of mankind. We are unable to understand that how our judiciary can push the whole humanity towards deterioration, just to make happy a handful of eccentric and wayward individuals.

“This is intolerable in our society and our central government should immediately appeal in the Supreme Court against this decision.”