Access to Justice for Transgender People in Pakistan

Abstract

The ability of transgender people to access justice in Pakistan is a highly significant yet under-researched phenomenon that can be explained by the structural discrimination, legal ambiguities, and social obstacles. Transgender people experience a huge problem in acquiring equal treatment in the criminal justice system even with the constitutional safeguards and historic legal decisions. The major barriers are the societal stigma, harassment of the police, poor legal representation, and absence of gender sensitive judicial procedures. The Transgender Persons (Protection of Rights) Act, 2018, is a positive move, however, the implementation process is uneven, and most transgender people continue to be victims of violence and exclusion. Access to justice is further complicated by cultural and religious norms which will tend to keep up with the marginalization. This paper explores the nexus between law, institutionalized practices and social reasoning in order to find out the obstacle and enabling factors to enhance access to justice. Through the examination of the available laws, case studies, and views of the stakeholders involved, the research demonstrates a very pressing need to reform the policies, conduct awareness programs, and train available capacity to provide fair justice to the transgender communities in Pakistan.