Access to justice after the 25th constitutional amendment in Pakistan: an analysis of ADR system and conventional legal system in former FATA

Abstract

The 25th constitutional amendment in 2020 marked a significant transformation in Pakistan's legal landscape by merging seven districts into the province of Khyber Pakhtunkhwa (KPK). With this merger, the former justice system underwent a transition into the conventional legal framework, accompanied by the introduction of the Alternate Dispute Resolution Act 2020. However, three years after this transformative shift, accessing justice in these newly merged districts has emerged as a formidable challenge due to pervasive ambiguity and vagueness within the justice system. This thesis delves into the complexities and challenges arising from the coexistence of the prior and contemporary justice systems within these merged districts. It critically analyzes the impediments faced by individuals seeking justice, highlighting the need for comprehensive reform to streamline and clarify the legal processes. Throughout this research, a range of recommendations has been formulated, addressing key stakeholders including the Government of Khyber Pakhtunkhwa, judicial institutions, and the inhabitants of these merged districts. These recommendations are aimed at fostering a more accessible and transparent justice system, ensuring justice is not only available to all but is also delivered in a timely manner. As Pakistan continues to grapple with the intricacies of integrating diverse legal frameworks, this thesis serves as a timely and essential resource, offering a roadmap towards the realization of the fundamental principles of justice for all and justice immediately, thereby fostering a fair and equitable society.