India’s Home Affairs Minister recently said that although his government opposes the Supreme Court’s recently reinstated gay sex ban, it will not act “now” towards nullifying the legislation.

In an interview with The Times of India on Saturday, Union minister Sushilkumar Shinde was asked whether the ruling Congress government would consider issuing an ordinance to nullify the law which could see gay people jailed for up to ten years.

He said: “Not now. Our vice-president and president have already spoken on the issue. I am with them.”

Congress president Sonia Gandhi and vice-president Rahul Gandhi both recently criticised the law calling it “archaic” and “unjust.”

Sonia Gandhi said she hoped that “Parliament will address the issue and uphold the Constitutional guarantee of life and liberty to all citizens.”

However, Mr Shinde’s recent comments now indicate that the party will attempt taking the issue back to the courts rather than attempting to combat the ban immediately.

Previously, Law Minister Kapil Sibal said: “There are several options open to the government and we are considering all possible options but time is of the essence, we need to take quick action, firm action.

“The archaic law should be changed, millions of people are affected and these people should not be exposed to 377.”

Apart from opting for an ordinance, another open resolution includes an executive order that has to be ratified within six months by the Indian Parliament.

Section 377 of India’s penal code bans “sex against the order of nature”, which is widely interpreted to mean gay sex, and can be punished with up to 10 years in jail – although at the moment prosecutions remain rare.

LGBT campaigners in India and around the world reacted with shock at the ruling.

Yesterday, the UK’s Foreign and Commonwealth Office issued a short response to the decision of India’s highest court to criminalise gay sex.

In a statement to PinkNews.co.uk an FCO spokesperson said: “The actions of India’s Supreme Court are a matter for India.”