Gay Sex in India has been legalised, creating a furore from religious leaders. They say it is an assault to God.

In a judgment that followed eight years of judicial battle, the Delhi High Court read down section 377 of the Indian Penal Code (IPC), quoting Jawaharlal Nehru to emphasise that the constitution guaranteed homosexuals rights equal to what other citizens enjoy.

Chief Justice Ajit Prakash Shah and Justice S Muralidhar said that if not amended, section 377 would breach article 21 of Indian constitution that states each citizen has equal opportunity of life and is equal before law.

"Equality and inclusiveness are the tenets of the constitution," they quoted India's first prime minister as saying. Calling any discrimination anti-thesis of the right to equality, the judges added: "Equality should not be read literally, but in true spirit."

In a judgement, the judges said that section 377 should be amended and any sex between consenting adults should be legalised. This would not be applicable to those under 18 years.

Many of the gay rights activists from India and abroad present in the court broke into tears as the order was passed while others shouted in joy before realising that their action would amount to contempt of court.

The reaction from Hindu, Muslim and Christian leaders was swift and bordered on anger and disbelief.

"The Arya Samaj can never accept this. This cannot be applied to Hindu society or our beliefs," Ganesh Tripathi, a senior priest of Delhi Arya Samaj Mandir, said.

All India Muslim Personal Law Board's Kamal Farooqi said, "This is a sad day for civilised society. It is not acceptable. They are playing with the future generations and civilised society."

Father Dominic Emmanuel added, "We are against legalising (gay sex). This is because what they do is unnatural and against the design and will of God."

Section 377 relates to "unnatural offences" and says that "whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal should be punished".

It remains to be seen whether the central government will appeal against the latest order in the Supreme Court.