LAWS dating back to the British Raj that banned gay sex have been overturned in a landmark judgment in India's capital.

The 150-year-old section 377 of India's penal code, introduced when the British ruled the subcontinent, described homosexual intercourse as "carnal intercourse against the order of nature" and imposed a 10-year jail term for offenders.

The Delhi High Court yesterday declared the laws a violation of "fundamental rights" and unconstitutional.

The decision means consensual sex between those over the age of 18 will no longer be punishable, although the court ruled that section 377 should still apply to cases of non-consensual sex and pedophilia.

The court recommended that the Indian Government amend section 377 in accordance with its ruling. However, Indian Law Minister M. Veerappa Moily responded cautiously, saying he would study the judgment before commenting.