HYDERABAD: Rights activists have urged Sindh government to withdraw the appeal it had filed in Supreme Court against Sindh High Court’s landmark verdict in favour of peasants, and amend Sindh Tenancy Act in the light of the United Nations Declaration on Rights of Peasants and Other People Working in Rural Areas.

Speaking at a joint news conference, Hari Welfare Association (HWA) president Akram Khaskheli, Human Rights Commission of Pakistan coordinator Imdad Chandio, hari rights activist Punhal Sario, vice president of Sindh Hari Committee Samar Jatoi and Manzoor Leghari, son of Ghulam Ali Leghari said that the HWA would appeal against the Sindh government’s move against SHC’s decision in favour of none but in favour of welfare of society.

They said that Sindh Minister for Agriculture Ismail Rahu had promised in January this year that PPP government would not file appeal in Supreme Court against Sindh High Court Hyderabad circuit bench’s 2019 decision in favour of peasants’ rights. The SHC had passed its order on a petition filed by Ghulam Ali Leghari, a peasant.

They said the minister had claimed that he and his party believed in peasants’ rights and the government would never go against haris. At that time the minister had denied that Sindh government had filed any appeal against the SHC decision, they said.

But later, much to their disappointing they learnt that Sindh government did file a civil petition (652/2019) in Supreme Court against the SHC verdict that had struck down Section-6 of the Sindh Tenancy (Amendment) Act, 2013, whereby Section 24-C of the Sindh Tenancy Act (STA), 1950, was amended to omit prohibition of a begar (unpaid work), they said.

They said that SHC had ruled that after separation of judiciary from executive, assistant commissioners, additional commissioners and commissioners did not have powers to make decisions in judicial matters under sections 27, 29 and 30 of the STA. Therefore, such executive actions were against provisions of Article 175, 202 and 203 of the Constitution, they said.

They said the petition was placed before the Supreme Court on Nov 17 and it notified respondents of the case including the primary respondent late Ghulam Ali who was victim of a landlord’s brutalities and bureaucratic injustice.

They said the SHC had given decision in the case of Ghulam Ali who was exploited, abused and tortured by the landlord. Leghari was denied share in his harvest for 35 years and instead he was forced to vacate the land and the house, they said.

They said that Ghulam Ali died in the course of the case’s hearing and then his son Manzoor Leghari pursued it. They hoped the apex court would protect rights of peasants in the same manner as the SHC did.

They said the SHC had ordered the government to amend the STA 1950 and take measures, including transfer of peasants’ cases under the STA to judiciary. Instead of complying with the SHC’s decision and protecting rights of peasants in exploitative feudal system, the government sided with feudal lords to curb and violate fundamental rights of peasants in Sindh contrary to the promises it had made in public, they said.

They said that Pakistan had endorsed adoption of the United Nations Declaration on Rights of Peasants and Other People Working in Rural Areas in 2018 and made a commitment to protect peasants’ rights.

They said that instead of addressing weaknesses in the STA that resulted in exploitation of peasants’ rights, Sindh government took an unwise decision to stick with the weak provisions in the Act, which had resulted in debt bondage, abuse and exploitation of peasants.

Published in Dawn, November 30th, 2020