The legal fight of gay rights activists has witnessed many twist and turns in courts.

When the matter was being adjudicated in the Delhi High Court, Home Ministry and Health Ministry took a contradictory stand on section 377 of the IPC with the former favouring continuation of the penal provision and the latter supporting scrapping of the provision.

The Centre, however, took a uniform stand when the appeal against the Delhi High Court judgement for decriminalising gay sex was heard in the apex court. During the arguments in the case before the apex court, the Centre had supported decriminalisation of gay sex saying the anti-gay law in the country had resulted from British colonialism and the Indian society was much more tolerant towards homosexuality.

The legal fight for gay rights began in the Delhi High Court when Naz Foundation, working for the welfare of lesbians, gays, bisexuals and transgenders (LGBT), filed a PIL for decriminalising gay sex.

The high court had, however, initially twice dismissed the plea and the NGO thereafter moved the Supreme Court which directed the high court to hear the case and decide the issue on merits.

After a marathon hearing, the Delhi High Court had allowed the plea of gay rights activists and had decriminalised gay sex among consenting adults in private.

Thereafter, various social, religious and child rights organisations, including various individuals, had approached the apex court challenging the high court's verdict.