ransgender persons face numerous challenges in accessing justice, particularly in countries with limited legal recognition and protection of their rights. The legal landscape for transgender rights varies across the globe. Some countries have enacted more progressive laws than others; some lack explicit protections.

Pakistan is a signatory to the ICCPR and the ICESCR. These require the state to take all necessary actions to ensure the equality of all persons before the law. Despite being a signatory to the CEDAW, Pakistan has not made adequate progress towards making procedures for reporting violence women-friendly. Provincial governments’ responses to complaints of discrimination against transgender persons at police stations have similarly fallen short.

Many in transgender communities across Pakistan have reported violence; most suffer discrimination every day. In recent years, there have been a number of reports of ‘honour’ killings, rape, blackmail, sexual harassment, assault and torture. Too frequently, transgender people reporting crimes are not taken seriously by the police. As a result many of the perpetrators of crimes against them are not brought to justice. This is a violation of Article 9 of the constitution, which guarantees the security of a person. Article 25 further guarantees equality legal protection for all citizens.

In a recent judgment the Islamabad High Court pointed out that Article 51 of the constitution provides that every citizen of Pakistan having attained the age of eighteen years is entitled to vote, unless declared of unsound mind by a court. The constitution and the law focus on the “citizen” who is free to exercise the right to vote and to be elected to a public office. Provision of the constitution and law to the extent of general seats in the National Assembly and the Provincial Assemblies are gender neutral. Transgender individuals are therefore qualified to contest election to these seats.

Many transgender persons are abandoned by their families on account of the social embarrassment associated with the phenomenon. Others are encouraged/ forced to act like men. Many do not complete school education on account of severe peer pressure and occasional sexual violence. Facing social rejection, many run away to find solidarity and solace among others like them. This restricts most of them to livelihoods based on beggary, sex work and entertainment.

Despite the protection provided in the legislation passed by National Assembly (Transgender Persons Welfare Act, 2018) that aims to ensure the safety, security and equality of transgender people in Pakistan, many are still not accepted by their families. Being citizens of Pakistan, they have the right to security (Article 9) and are protected against arbitrary arrest. They are also covered by the provisions of Article 14, (inviolability of the dignity of man); Article 15, freedom of movement; Article 24, protection of property rights; Article 25 A, right to education; and Article 26, non-discrimination in respect of access to public spaces. However, both federal and provincial governments have failed to ensure the enjoyment of these rights by all transgender people so that they are frequently discriminated against and marginalised.

Many in transgender communities in Pakistan face the threat of violence and suffer on account of social discrimination. In recent years, many cases of ‘honour’ killings, rape, blackmail, sexual harassment, assault and torture have been reported.

Transgender communities rarely enjoy the respect of local police. As a result, they are often reluctant to visit police stations to file a complaint. There have been persistent complaints that the police are dismissive of their claims and allegations and their concern for security. This is a serious failing since the police are responsible to provide security and support to everyone irrespective of their creed, class, gender and sexuality. Transgender people say they are routinely ostracised and ridiculed at police stations.

Experts say that transgender people will not to get fair treatment until the legal actors or the justice system treat them with dignity.

For as long as the society remains riddled with disparity in power relations among various genders, and as long as the gender binary continues to influence the functioning of legal institutions, a formal approach to the principle of equality and liberty will most probably not be very effective in achieving the ideal of gender justice. The ultimate ideal of an egalitarian society in a democratic setting can only be achieved if the courts employ result-oriented methods while adjudicating matters pertaining to the constitutional guarantee of equality.

The following are some of the most significant barriers to access to justice:

First, transgender individuals face difficulties in obtaining identification documents that match their gender identity. This hinders their ability to access legal recourse, social services and healthcare.

Second, transgender persons often encounter discrimination, harassment and violence. This discourages them from seeking legal remedies.

Third, transgender individuals may have restricted access to education, legal assistance and social services, making it difficult for them to navigate the justice system.

Fourth, transgender people may face additional challenges in court, including judges’ bias, lack of understanding of gender identity, and inadequate legal representation.

The government should improve the enforcement of laws meant to protect transgender rights, including legal recognition, anti-discrimination protections, and access to healthcare.

Legal professionals, law enforcement and the general public should get training to understand and address the specific needs of transgender individuals.

Transgender-led organisations should be empowered to provide legal assistance, resources and support to transgender citizens.

Access to justice for transgender individuals is a complex issue, requiring a multifaceted approach. Research has highlighted the need for inclusive laws, education and social acceptance to address the barriers transgender persons face.

The author is an advocate of the Sindh High Court. He has received a doctorate in law from SZABUL. He can be reached at advocate.ahmed@ymail.com