February 4, 2002	Monday	Ziqa’ad 20, 1422

RECENTLY a division bench of the Sindh High Court, Hyderabad Circuit, gave a judgment of great significance in which it proposed certain amendments in the Sindh Tenancy Act, to reform the age-old relationship between the haris and the landlords. But given the impoverishment and illiteracy of the haris and the proliferating power of the landlord, will it be possible, is a big question.

The case before the division bench comprising Justice Zahid Kurban Alavi and Justice Musheer Alam of the SHC, reflected the traditional conflict between tillers of the soil and owners of the land, the zamindar or waderas, who are generally accused of using coercive means for perpetuating these stranglehold over the impoverished and illiterate haris.

The judgment assumed great importance in view of the discovery of private jails and recovery of some of the people who were kept in chains.

It emerged from the proceedings that the problem in most cases stemmed from the non-payment of Taqavi loans these haris or their ancestors had taken from the zamindar.

Under the Sindh Tenancy Act the hari is not an ordinary labour or workman within the meaning of the Industrial Relations Ordinance or the Standing Order. He is a partner / co-sharer in the produce with the zamindar. One of the recommendations made was that the hari should be referred to as agricultural labour then the government should provide enough safeguards through enactments for agricultural labour as they have provided for industrial labour. Yet a sharp disparity in the living standard exists between the hari and the zamindar. While both are equal stake holder, one has the luxury of Pajero culture and unspecified bank accounts while the other is heavily indebted, impoverished and illiterate, having nothing of his own. So there must be some truth in the general perception about the landlords. The lot of haris should have improved if the law was practised in letter and spirit.

Several Criminal Miscellaneous Applications under 491 Cr P.C. and petitions under 199 of the Constitution of the Islamic Republic of Pakistan were filed where the applicant / petitioner sought the indulgence of the court. In all these matters it seemed that the respondents were illegally detaining person(s) and the court was asked to get a rule nisi issued for the production of the alleged detenues. In quite a number of cases application were also made for raids to be conducted by officers of the court, police and by Civil Judges / Judicial Magistrates. The raids were to ascertain whether the so called detenues were indeed illegally / improperly detained by the private respondents.

The ratio of cases being filed before the High Court of Sindh, Hyderabad Circuit Bench reached a alarming level. The number of detenues also increased and in several petitions / applications the list went upto 100 odd persons whose ages ranged from 80 years to 2 months. In some of the cases an entire village was co