Discrimination and stigma are constantcompanions in the life of the rainbow people. Apart from thedemand for decriminalization, the main issues that confrontthe community are discrimination and violence, recognitionof alternative family structures, adoption and propertyrights, and access to social security measures includingidentity documentation, welfare schemes, and education andhealth services. In order to establish a realistic plan fortheir inclusion into state provided services and liberties,it was important to understand what prevents them from doingso at this time, and to develop a carefully crafted roadmapfor actions that the State, community and other stakeholderscan program into their day-to-day work. Sexual minoritieshave fought a long battle against discrimination.Criminalization of Hijra and homosexuals took place duringthe colonial period and Lord Macaulay drafted the nowinfamous section 377 of the Indian Penal Code (IPC)according to the law, voluntary carnal intercourse againstthe order of nature could be punished by imprisonment. Lawssuch as section 377 have long been removed in most westerndemocracies, although they persist in many post-colonialcountries in Asia and Africa. In 2009, the Delhi High Courtalso read down the law, legalizing same sex consensualhomosexual activities between adults. This judgment isunfortunately now challenged at the Supreme Court of Indiawhich is currently hearing the arguments of either side. Thedecriminalization of the community remains a fundamentalissue which needs resolution if the community is to attainits rightful due. Continued advocacy on the part of thecommunity and education of its people in the implications ofthe 2009 High Court judgment are important steps.
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