India's top court yesterday refused to temporarily suspend a lower court ruling that made gay sex legal among consenting adults, an attorney said.

Homosexuals achieved a small victory when the Delhi High Court on July 2 struck down a law Section 377 of the Indian Penal Code that made sex between people of the same gender punishable by up to 10 years in prison.

While actual criminal pro-secutions are rare, the law frequently has been used to harass people. The Supreme Court said the ruling will remain in effect while it finishes hearing a Hindu astrologer's petition seeking to annul the landmark decision. The hearing on the petition will start September 14, 2009.

The court also asked the Indian government to submit its stand on the issue within eight weeks, said Praveen Aggarwal, a lawyer for the astrologer, Sushil Kumar Kaushal.

"We are not for a stay as there is no threat of any consequences," the Press Trust of India news agency quoted Chief Justice K.G. Balakrishnan and Justice P. Sathasivam as saying.

Gays in India face a long battle to gain social and legal acceptance in this deeply conservative country where even heterosexual sex is talked about in hushed tones.

A Supreme Court ruling will be the final word on the issue and will be applicable all over India.