The aim of the study is to outline the legislation provided for mentally ill offenders and prisoners. Individuals suffering from mental illness are the most vulnerable segment of society, but in Pakistan, the conditions of mentally ill prisoners are very pathetic. During the arrest, prosecution, sentence, and detention, the criminal justice system of Pakistan fall short of providing adequate protection to persons with psychosocial disabilities and mental illness. The study aims to analyze the latest judgment in the Safia Bano Case, in which the Supreme court commuted the death sentence of three mentally ill prisoners on death row. The study will discuss the impact of this judgment on mentally ill prisoners undergoing trial and imprisonment. The researcher will use doctrinal research methods to analyze the relevant laws regarding the protection of the rights of the mentally ill in the criminal justice system. The International obligations of Pakistan related to mentally ill persons are also highlighted. The landmark judgments in this regard will also be analyzed along with a descriptive analysis of the conditions of such persons in Pakistan. In Pakistan, mental health is not given due importance in the normal course. The situation is detrimental in the case of mentally ill persons undergoing trial or conviction. As the mentally ill neither represent him during the trial nor the ends of justice can meet if he is undergoing imprisonment. The jurisprudence developed by the Supreme court is welcoming as it will impact the treatment of mentally ill persons significantly. It aligns with the protection of the most stigmatized and marginalized segments of society. The study will ultimately imbibe arbitrariness within the application of law and protects their rights in the long run.
The study deals with the significant role of judicial activism in different eras in Pakistan. It examines the role of judicial institutions in damaging the democratic culture of the country. Since the independence of Pakistan, frequent military interventions were validated by the Superior Judiciary of Pakistan. The study discussed these landmark cases which dented the doctrine of Separation of Power in the county. The concept of judicial review has been originated and developed in Britain, and later reached the US in Marbury v. Madison. The history of Pakistan is marred by several instances of Judicial Activism, in which the jurisdiction of the judiciary encroached upon the domain of legislature and executive. In this study, the activism of populist Judges, Justice Iftikhar Chaurdhty and Justice Saqib Nisar has been compared. Their Judicial actions have been discussed in which the domain of the executive has been compromised. The populist actions of Judges dent the independence of the Judiciary and lead to judicial impartiality, as in several cases, different verdicts are observed in the same nature cases. The study concluded by establishing the link between Judicial activism and Separation of powers, as all organs of the states have constitutional limits to work within, The researchers also proposed some judicial reforms, that will maintain the sanctity of the Doctrine of Separation of Power while exercising Judicial Activism. Keywords: Judicial Activism, Separation of Power, Judicial Review in Pakistan, Judicial Reforms.
Pakistan, since its independence, has failed to ensure fundamental rights to the transgender community. This marginalized community was deprived of their gender identity, education, health facilities, access to public rights, and employment. Although the Transgender Persons (Protection of Rights) Act 2018 is on point, various segments of society are making it controversial claiming it to be promoting same-sex marriages or LGBT. The study employs analytical and descriptive research methods to present a clearer picture of the newly enacted Transgender Persons (Protection of Rights) Act 2018. Analysis of the Act provides that Gender Identity and Gender Self-Perception were long-awaited and most celebrated by the Transgender Community to exercise the rights enshrined under the Constitution. Moreover, there are some challenges in the effective implementation of these rights such as issues regarding voting and political participation, kinship, inheritance, gender identity and marriage. The study presents a pragmatic approach to resolving such outstanding issues.
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