The rule of law in Khyber Pakhtunkhwa (KP) serves as the foundation of democratic governance in the province, yet it remains fragile and under considerable strain. The historic merger of the Federally Administered Tribal Areas (FATA) into KP in 2018 was a landmark constitutional reform, promising equal citizenship, legal protection and access to justice for millions who had long lived under the colonial-era Frontier Crimes Regulation (FCR). For decades, residents of the former FATA existed outside the framework of Pakistan’s formal justice system, denied due process, fundamental rights and institutional accountability. The repeal of the FCR and the extension of constitutional protections to the newly merged districts (NMDs) marked a transformative moment in Pakistan’s legal and political evolution.
This transition from a parallel legal regime to an integrated justice framework, however, remains gradual and complex. Although significant reforms have been introduced, the effective implementation of transparent and inclusive rule-of-law institutions across the merged districts continues to face formidable structural, administrative and socio-cultural challenges. These include limited institutional capacity, financial constraints, low levels of legal awareness, jurisdictional overlaps and the enduring influence of entrenched informal systems.
Systemic challenges persist even within KP’s settled districts. Judicial delays, insufficient legal aid and declining public trust in justice institutions continue to hinder meaningful reform. These persistent issues further complicate efforts to establish a cohesive legal environment across the province. To address this, a comprehensive judicial reform agenda is urgently required. This agenda must modernize procedural laws, expand judicial infrastructure, strengthen court administration and incorporate technology-enabled solutions such as e-court systems and digital case tracking. Most importantly, improving the timeliness and quality of judicial outcomes will be essential to restoring public confidence in the judiciary and reinforcing its legitimacy as the cornerstone of the rule of law.
A central obstacle to effective justice delivery lies in the shortcomings of police investigations. Investigative procedures remain hampered by outdated methods, minimal access to forensic tools and inadequate training. These deficiencies result in low conviction rates and widespread public dissatisfaction. Misuse of authority by law enforcement personnel, including instances of coercion, arbitrary detention and abuse of power has further damaged public confidence. Weak internal oversight and the absence of credible accountability mechanisms allow such practices to persist without substantial consequences.
Modernizing police investigation techniques is an essential component of rule-of-law reforms. A greater reliance on evidence-based policing must be institutionalized through the adoption of advanced forensic sciences, crime scene management, DNA testing, digital forensics and ballistics. Establishing and strengthening forensic laboratories, investing in modern equipment and building the capacity of investigative officers in scientific methods will enhance the credibility of investigations, reduce wrongful prosecutions and contribute to fairer judicial outcomes.
This crisis of accountability is exacerbated by the dysfunction of the Public Safety Commission, originally envisioned under the Police Order 2002 to provide civilian oversight. Although the Commission is legally mandated to operate at both provincial and district levels, it has remained largely dormant since the introduction of the Khyber Pakhtunkhwa Police Act 2017. Legal ambiguities, politically motivated appointment and the absence of officers in key positions such as district secretaries have compromised its effectiveness. The main reason for this is the non-selection of members for these commissions. Resistance from within the Police establishment has contributed to the creation of parallel accountability systems, which are often perceived as serving institutional interests rather than the public good. Efforts to revitalize the Commission through proposed amendments were ultimately abandoned due to institutional pushback.
Reviving this oversight body requires clear legislative guidance, strong political commitment, adequate financial resources, merit-based appointments and active public engagement. Such a revival is essential to improve police accountability, enhance democratic oversight and restore public trust in law enforcement.
Policing in KP also suffers from obsolete infrastructure, logistical shortcomings and a lack of specialized training, particularly in addressing gender-based violence and cybercrime. Many police stations operate without basic communication tools or reliable transportation, significantly reducing their effectiveness. Political interference in policing, low morale among personnel and inadequate emphasis on professional development further erode the credibility of law enforcement. In conflict-affected and remote areas, the limited presence of trained police officers has created security gaps, empowering local power brokers and criminal networks.
The judicial system, similarly, is burdened by significant case backlogs, outdated procedural laws and inadequate resources. Litigants often face delays extending over several years, which discourages reliance on the formal legal system. These challenges are even more pronounced in the merged districts, where the absence of functional courts, trained legal professionals and supportive policing infrastructure continues to obstruct the delivery of justice. Poor coordination between police and prosecution also negatively impacts the efficiency and integrity of case outcomes.
In this vacuum, informal dispute resolution forums such as Jirgas remain the predominant source of justice in many rural and marginalized areas. While these forums hold cultural significance, they frequently operate without constitutional safeguards, especially in matters affecting women’s rights and procedural fairness. As long as the state-led justice system remains underdeveloped, reliance on these informal mechanisms will continue. Nevertheless, unregulated Jirgas disconnected from constitutional principles risk perpetuating discrimination, exclusion and impunity.
To address these gaps, a structured and rights-compliant approach to Alternative Dispute Resolution (ADR) is imperative. Institutionalizing ADR mechanisms, such as mediation centers and arbitration panels within the formal legal system, can provide a viable, cost-effective and timely alternative to litigation. These mechanisms must be professionally staffed, legally regulated and embedded within existing legal frameworks to ensure legitimacy and protect fundamental rights. Training programs for mediators, legal practitioners and community leaders can strengthen ADR’s role in resolving civil disputes, thereby easing court burdens and enhancing public access to justice.
Women and residents of remote regions face particular disadvantages in accessing justice. Legal awareness remains low across much of the province and many individuals confront logistical and financial obstacles when seeking redress through formal institutions. Patriarchal norms, social stigma and the underrepresentation of women in law enforcement create an environment in which gender-based crimes are frequently underreported and inadequately investigated. Female Police Officers make up only a small proportion of the force and are often relegated to administrative duties, curbing their influence in frontline service delivery.
Addressing these interrelated challenges requires a coordinated, long-term and strategic approach. Judicial infrastructure must be expanded and modernized. Legal professionals should be recruited and trained and digital tools such as case management systems and virtual hearings must be adopted. Mobile courts and legal aid clinics are essential to bridging access gaps in remote areas. Police reforms should focus on depoliticization, human rights-based training, improved forensic capacity and community policing. The recruitment and operational deployment of female officers must be prioritized as both a matter of justice and an essential step toward serving vulnerable populations more effectively.
Public legal education campaigns are also vital. Awareness initiatives targeting women, youth and rural communities can empower citizens to interact with the formal justice system. Outreach efforts should be culturally sensitive and delivered through schools, media and civil society channels. Civil society organizations, with appropriate support, can provide paralegal services, mediation and rights-based education to marginalized groups. While Jirgas continue to function as accessible forums for dispute resolution, they must be gradually integrated into the formal justice system in a manner that respects cultural norms while safeguarding constitutional rights.
These reforms cannot succeed in isolation. Sustainable progress depends on strong partnerships among government institutions, civil society, academia and the private sector. Donor assistance and international technical expertise will continue to play a critical role in supporting these efforts. The engagement of the United Nations, bilateral donors and multilateral agencies is especially important in modernizing judicial infrastructure, digitizing legal processes, enhancing forensic capabilities and expanding access to justice in underserved areas.
International partners must also contribute to promoting gender equality and protecting the rights of vulnerable groups. This includes technical support for gender-based violence response, specialized training for law enforcement personnel and advocacy for greater female participation in the justice sector. Effective coordination among all stakeholders, including customary actors, is necessary to ensure coherent and sustained reform in line with constitutional principles.
Independent oversight institutions and anti-corruption bodies must be strengthened to ensure transparency and accountability within both the police and judiciary. The international community, by leveraging its resources and convening influence, holds a vital role in turning Pakistan’s legal reforms into practical improvements. The promise of the 2018 merger can only be realized if the rule of law is extended consistently, credibly and equitably throughout the province.
In conclusion, strengthening the rule of law in Khyber Pakhtunkhwa is more than a legal requirement; it is a political, social and developmental necessity. It demands bold leadership, sustained investment and an unwavering commitment to justice, inclusion and human dignity. A robust, inclusive and rights-based justice system that is firmly rooted in scientific investigation, accessible dispute resolution mechanisms and institutional integrity will not only restore public confidence but also empower marginalized communities, reinforce social cohesion and support long-term peace and prosperity. The current moment presents an urgent call for coordinated, courageous and enduring action.
About the Author: Malik Bilal is a seasoned development professional with expertise in emergency response, recovery and governance in conflict-affected areas of Pakistan. He has worked with UN agencies and international organizations to strengthen community resilience, support institutional reforms and lead strategic program implementation.
