BARRIERS TO TRIBAL WOMEN'S ACCESS TO FORMAL JUSTICE SYSTEM IN THE NEWLY MERGED TRIBAL DISTRICTS OF THE KHYBER PAKHTUNKHWA, PAKISTAN

Abstract

The semi-autonomous tribal areas of Pakistan were recently merged into Khyber Pakhtunkhwa Province through a constitutional amendment in 2018 to mainstream these tribal societies for promoting development and good governance.  The extension of the state’s constitution, formal law, and judiciary to the tribal district was expected to guarantee women's rights by ensuring their access to formal justice. However, women in the tribal districts continue to face cultural discrimination and legal barriers to accessing justice. This study explores the complex challenges tribal women face in accessing and exercising their legal rights within Pakistan's patriarchal socio-cultural and legal framework, with a specific focus on the customs and legal limitations that impact their autonomy. Employing a qualitative case study approach, data was collected from 54 participants through in-depth interviews and focus group discussions, capturing insights from judicial officers, police officers, public prosecutors, lawyers, local community leaders (Maliks) and ordinary residents of District Kurram. Thematic analysis revealed deeply rooted cultural practices and societal barriers that prevent women from fully participating in legal processes, particularly in matters of marriages, divorce, inheritances of property, and accessibility of courts due to a lack of sufficient legal infrastructure. The study recommends community awareness programs to improve women's access to justice and address restrictive societal norms, aiming to reduce gender inequality and support targeted policy interventions.

Keywords: Tribal women, access to justice, customs, formal justice, patriarchal norms, inheritance rights, forced marriage, Khula