Spiritual guru Baba Ramdev will file a petition in the Supreme Court on Wednesday challenging the Delhi High Court order decriminalising gay sex.

Last week, the Delhi High Court, in a historic judgement, had legalised gay sex among consenting adults holding that the law making it a criminal offence violated fundamental rights.

The Delhi High Court had ruled that a person cannot be deprived of his fundamental rights because of public disapproval of his acts on moral grounds and constitutional morality must dominate over public morality.

"Moral indignation, howsoever, strong, is not a valid basis for overriding individual's fundamental rights and privacy. In our scheme of things, constitutional morality must outweigh the argument of public morality, even if it be the majoritarian view," a two-judge Bench headed by Chief Justice A P Shah said.

The Bench, also comprising Justice S Muralidhar, rejected government's stand which justified penal provision against homosexuality on the ground that it is against public morality and its legalisation would lead to moral degradation in society.

"We are unable to accept the stand of the Union of India that there is a need for retention of Section 377 of the Indian Penal Code to cover consensual sexual acts between adults in private on the ground of public morality," the court said in its 105-page judgement.