The Supreme Court in India has upheld a colonial-era law making homosexuality illegal, overturning a 2009 ruling that decriminalised gay sex.

In 2009, the Delhi High Court ruled that Section 377 (unnatural offences) of the Indian Penal Code, which makes gay sex a criminal offence entailing punishment up to life imprisonment, was discriminatory and said that gay sex between consenting adults should not be treated as a crime.

Amnesty International’s Chief Executive in India Ananth Guruswamy said of the ruling: ‘This decision is a body-blow to people’s rights to equality, privacy and dignity. It is hard not to feel let down by this judgement, which has taken India back several years in its commitment to protect basic rights.’

Though people are rarely prosecuted under the law, which was created by the British rulers in 1861, those convicted face a fine and a maximum 10-year prison sentence. Activists say the law is used by police to harass gay couples.

Arvind Narayan, a lawyer of the Alternative Law Forum gay rights group, told reporters: ‘Such a decision was totally unexpected from the top court. It is a black day for the community,’ adding: ‘We are very angry about this regressive decision.’

Another lawyer, Indira Jaisingh, said the decision was the ‘imposition of a medieval mindset on the people of this country.’