The decision—in which the court said it’s up to parliament to legislate on the issue—reverses a landmark 2009 Delhi High Court order that had decriminalized same-sex acts.
According to Section 377, a 153-year-old colonial law, a same-sex relationship is an “unnatural offense” that is punishable by a 10-year jail term.
India Law Minister Kapil Sibal told reporters the government would respect the ruling; however, he did not say if there were plans to amend the law.
“Such a decision was totally unexpected from the top court. It is a black day,” Arvind Narrain, a lawyer for the Alternative Law Forum gay-rights group, told reporters.