India's top court has begun weighing whether to overturn a ban on gay sex.

On Tuesday (July 10), the Supreme Court began hearing arguments challenging a colonial-era law which effectively bans homosexuality.

Activists say they're optimistic the ban could be thrown out, even with opposition from some ruling lawmakers. (SOUNDBITE) (English) A PETITIONER ASKING TO DECRIMINALIZE HOMOSEXUALITY IN INDIA, ANWESH POKKULURI, SAYING: "It started on a very well note and we are looking forward to a good judgement.

We have our faith in the court." Lawyers for those challenging the law told the court it represented outdated Victorian morals and stifled individual rights.

Currently, gay sex is punishable by up to 10 years in jail but enforcement is uncommon.

Activists say even so, it's used to harass and blackmail gay people. (SOUNDBITE) (English and Hindi) A SEXUAL MINORITY RIGHTS ACTIVIST, SAYING: "I think one of the most important things is that finally the government is talking about it, at least, ready to hear about it." The hearing comes nearly a year since the Supreme Court ruled individual privacy is a fundamental right, which experts say may affect how the petition plays out.

Lawyers challenging the ban argued Tuesday that sexual orientation and gender were not matters of choice and an intrinsic part of individual identity.