In a significant statement that overturns the Sangh Parivar's conservative view of same-sex relations, RSS has come out in support of decriminalising homosexual relationships, saying sexual preference is not a crime as long as it does not impinge on the lives of others.

Prior to Jaitley's statements, RSS member Ram Madhav — currently a BJP general secretary — had said that irrespective of one's view of homosexuality, it was highly debatable where this constituted a crime.

However, the party went contrary to Jaitley's view on homosexuality in Parliament to defeat Tharoor's private member's bill calling for decriminalizing homosexuality. In fact, Lok Sabha voted twice against Tharoor's move in the last three months, where the BJP has absolute majority. India is in a minority of 70 countries where homosexuality is a criminal offence.

Section 377 criminalises homosexuality as "unnatural" sex with a maximum punishment of up to 10 years in jail even if it is between two consenting adults.

Striking a blow for personal freedoms, the Delhi HC had in 2009 called Section 377 discriminatory and struck it down. However, the SC in December 2013 upheld the 158-year-old law, a relic of the British era, outraging liberals and LGBT activists alike.

In relief to the LGBT community last month, the SC referred the curative petition to review its 2013 order to a constitution bench.