“We are struggling to seek justice”: a study of the criminal justice system and transgender experiences in Pakistan

Abstract

Background: This article aims to explore the complex intersection of transgender people’s identities within Pakistan’s criminal justice system; a nation in South Asia with a vast population of around 220 million. Aim: This paper aims to explore the myriad challenges faced by transgender individuals when they navigate the realms of justice, encompassing encounters with community people, law enforcement, experiences within the prison system, interactions with prosecution, and engagements with the judicial process in Pakistan. Method: Employing a qualitative research methodology, this study draws on one set of semi structured interviews with ten members of the Khawaja Sara communities, representing transgender individuals, within their residential spaces in Peshawar. Findings: Through the lens of an intersectional framework, the study’s findings demonstrate the fragile nature of the criminal justice system in Pakistan as it fails to provide justice to transgender people and to safeguard their lives in Peshawar. Conclusion: The study demonstrates entrenched issues like transphobia, cisgenderism, and cisnormativity in the criminal justice system of Pakistan, contributing to suboptimal case handling and the exacerbation of hate crimes against the Khawaja Sara communities in Peshawar. Consequently, a considerable number of cases involving transgender individuals either go unreported or witness the voluntary withdrawal of First Information Reports (FIRs), perpetuating a cycle of impunity and significantly compromising the pursuit of justice in Peshawar, Pakistan.