(New Delhi) The Delhi High Court is expected to rule early next year on the constitutionality of India’s law against sodomy.

The law against homosexual sex dates to the British colonial era. The law, which forbids sexual acts “against the order of nature,” carries punishment of up to 10 years in prison. It is rarely enforced, but activists say it sanctions discrimination.

A case filed by LGBT rights groups and AIDS outreach organizations wrapped up last week with the court reserving judgment.

Solicitor General PP Malhotra, representing the government, told the High Court that the law should not be overturned because homosexuality was a disease which was responsible for the spread of AIDS .

“AIDS is already spreading in the country and if gay sex is legalized then people on the streets would start indulging in such practices saying that the High Court has approved of it,” he told the court.

The remark brought a swift reply from the bench.

“Show us one report which says that it is a disease. A [World Health Organization] paper says that it is not a disease but you are describing it as a disease. It is an accepted fact that it is a main vehicle that causes [the AIDS] disease but it is not a disease itself,” said Chief Justice AP Shah.

An exasperated Malhotra sat down.

The government has refused to consider repealing the law, calling homosexuality an evil exported from western countries.

As the high court began its deliberations, the head of the United Nations HIV/AIDS program issued a statement urging the court to strike down the law.

Jeffrey O’Malley said that that countries that decriminalized homosexuality have far better records of protecting gay from contracting HIV/AIDS.

“Until we acknowledge these behaviors and work with people involved with these behaviors, we are not going to halt and reverse the HIV epidemic,” O’Malley said. “Countries which protect men who have sex with men… have double the rate of coverage of HIV prevention services – as much as 60 percent.”

Even India’s own Health Minister has broken with the government position on sodomy.

Anbumani Ramadoss said that decriminalizing homosexuality would bring India’s largely closeted gay community into the open.

India has an estimated 2.5 million people living with HIV. Even though the country recently has seen a modest drop in new infections, the number of infections among men who have sex with men continues to grow.

Still, there are signs that homosexuality is becoming more accepted in India, at least in big cities. In New Delhi, gay and lesbian groups hold biweekly movie screenings and parties, and organizers say attendance is rising. Newspaper editorials have called for revisions to the law, and prominent writers and human rights activists have signed petitions expressing their support.

In June, hundreds of people chanting for gay rights marched in three Indian cities – Calcutta, Bangalore and New Delhi – in the largest display of gay pride ever held in India.