Rule of Law Reform Tracker
Strengthening the Rule of Law (ROL) is an important element of the Pakistan's development agenda of current governments at Federal and Provincial level.
The common understanding behind SDG 16 is that progress on peace and development depends on the creation of inclusive societies in which the rule of law and human rights are respected. Goal 16 is focused on ensuring that countries have effective, fair and accessible laws and justice systems that ensure security and protection for all people, and enable meaningful avenues of redress for criminal and civil wrongdoing. The target refers to the broad principles of Rule of Law and equal access to justice.
Issues and problems related to rule of law are global in nature and exist in all countries of the world in varying degrees Lack of awareness and ignorance of public, lack of acceptance of equality, low recognition of human rights, ineffective governing institutions, weak systems and procedures within justice sector, lack of capacity of public delivery mechanisms and lack of political will are common ailments visible in South Asia. Pakistan has not been an exception. Past assessments and literature available in the sector confirms that upholding rule of law has been extremely weak in Pakistan. It is currently perceived as a hurdle to Pakistan’s development, prosperity, and progress.
As per World Justice Project (WJP) Rule of Law Index 2017–2018, Pakistan ranked 105 out of 113 countries. In region, Pakistan ranked 5th out of 6 counties. Only Afghanistan comes after Pakistan which is currently in a state of war. Pendency of cases is at 1.8 million at district and high courts by the end February 2018. Also Pakistani prisons house 57pc more inmates than authorized capacity as per report presented by the National Counter Terrorism Authority (NACTA) in May 2018.
However, there is a popular plea for rule of law across Pakistan. Despite criticism locally and internationally, it has remained a resilient state, with strong desire to improve rule of law. In this regard Peace & Justice Network (PJN) in collaboration Jinnah Center for the Rule of Law developed a National Rule of Law Reform Agenda.
More on Rule of Law Reform Tracker
Rule of Law Reform Tracker
Thursday, October 25
The rule of law landscape in Pakistan is marked by a complex interplay of formal legal institutions, informal justice mechanisms, and socio-political dynamics that shape citizens’ access to justice and protection of rights. Pakistan operates under a constitutional framework that enshrines fundamental rights and establishes a tripartite system of governance with an independent judiciary. The judicial system comprises the Supreme Court, provincial High Courts, and subordinate courts, which are tasked with upholding the law and safeguarding constitutional liberties. Despite this well-articulated legal structure, the implementation of laws remains inconsistent and often marred by delays, political interference, and a lack of institutional capacity.
One of the central challenges in the rule of law domain is the lack of equitable access to justice, especially for vulnerable and marginalized populations, including women, religious minorities, children, persons with disabilities, and the transgender community. While legal aid services are available under the Legal Aid and Justice Authority Act of 2020, their reach is limited and often fails to cover remote or conflict-affected regions. High litigation costs, lack of awareness of legal rights, bureaucratic hurdles, and distrust in formal institutions further alienate citizens, particularly in rural and underdeveloped areas. The judiciary itself struggles with a massive backlog, with over two million cases pending across various courts, causing inordinate delays and eroding public confidence in the justice system.
Law enforcement institutions, primarily the police, face widespread criticism for corruption, inefficiency, and lack of accountability. Incidents of arbitrary arrests, custodial torture, and extrajudicial actions have been reported across provinces, with Balochistan and Khyber Pakhtunkhwa being particularly affected due to ongoing security operations. While provinces like KP and Punjab have initiated police reforms, including the establishment of model police stations and complaint redressal systems, these measures are unevenly implemented and require sustained political and financial commitment. Moreover, accountability mechanisms such as police complaint authorities are either underutilized or lack independence.
Human rights and legal empowerment remain areas of both progress and concern. On one hand, Pakistan has seen the enactment of progressive legislation on women’s rights, child protection, and transgender persons’ rights. The judiciary has also played a significant role through public interest litigation and suo motu actions to protect environmental rights, uphold freedom of speech, and ensure gender equality. On the other hand, civic space has been shrinking, with increasing restrictions on NGOs, curbs on media freedom, and harassment of human rights defenders. Discrimination against religious minorities persists in both law and practice, and hate speech, mob violence, and misuse of blasphemy laws contribute to a climate of fear and exclusion.
The presence of customary and informal justice mechanisms, such as jirgas and panchayats, adds another layer of complexity. While these forums offer swift and culturally accepted dispute resolution, particularly in rural and tribal communities, they often bypass constitutional protections and reinforce patriarchal norms. Decisions made by these bodies—such as those involving forced marriages, honor crimes, or property disputes—frequently contravene national laws and international human rights standards.
In recent years, there have been positive developments in terms of digital transformation and legislative reforms. E-courts, case management systems, and online access to legal resources are gradually being introduced to improve judicial efficiency. However, digital inclusion remains a challenge in areas with low literacy and internet penetration. The government’s effort to modernize the justice system also includes the promotion of Alternative Dispute Resolution (ADR) mechanisms and institutional support for Dispute Resolution Councils (DRCs), especially in KP and Punjab, which have shown promise in reducing court burdens and enhancing community trust.
In conclusion, while Pakistan has made important strides in strengthening its rule of law architecture, significant gaps remain between legal ideals and lived realities. These challenges are exacerbated by institutional inertia, political instability, resource constraints, and deep-rooted socio-cultural norms. Moving forward, there is a critical need for comprehensive reforms that prioritize judicial independence, police accountability, inclusive legal empowerment, and the integration of informal justice systems with human rights safeguards. A participatory and rights-based approach involving government, civil society, and local communities is essential to ensure that justice is not only accessible but also equitable and responsive to the needs of all citizens.
Strengthening Rule of Law in Pakistan
