A number of well-known lesbian, gay and bisexual Indians had argued that Section 377 of India's penal code, which prohibits "carnal intercourse against the order of nature with any man, woman or animal", undermined their fundamental rights by failing to protect their sexual preferences.
"The Supreme Court refused to hear the matter and asked the petitioners to approach the Chief Justice of India," Arvind Dattar, a lawyer for one of the petitioners, told Reuters.
India's chief justice is already hearing a separate case to strike down the ban, and the top court has previously argued that only parliament has the power to change Section 377.
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