The supreme court on Wednesday (December 11) set aside the Delhi high court's order decriminalising homosexuality and said it is up to the government or parliament to take up the matter. Calling the high court’s order, which decriminalised the Indian Penal Code’s Section 377, constitutionally untenable, the apex court observed that it was not up to the courts to decide the issue. The bench of justices GS Singhvi and SJ Mukhopadhaya delivered the verdict on a bunch of petitions filed by anti-gay rights activists, social and religious organisations against the high court's 2009 verdict decriminalising homosexual relationships.

Anand Grover, who represented one of the respondents in the case, Naz Foundation, told the media that the court’s decision is a “huge step back” and many rights and civil society activists, apart from people in general, have criticised the court’s observation. A law made in the British era cannot be tenable in the 21st century and the country, including the judiciary, needs to deal with need for amendment in that light, they contend.

So, has the supreme court let a chance slip by to amend what is generally seen as an anti-human rights law? Is the court right in passing the buck to the government, which, notwithstanding the party in power, is unlikely to ever make a move given the popular backlash any decision to decriminalise homosexual relationships/’activities’/sex?