KARACHI, Feb 21: Speakers at the 10th Saarclaw conference working sessions called for meaningful judicial interventions to overcome the deficiencies in law and legal systems to ensure good governance , improve the lot of the poor, develop corporate culture, promote respect for international law, safeguard the freedom of expression, combat crime and protect the rights of women and children in South Asia.

They said ignorance and poverty were the main factors holding back the growth of the region. Peace and security were essential to fight the twin menace. Courts should step in wherever possible to rectify the imbalances. If, for instance, literacy and education could go a long way to eradicate the exploitation of women and children and create awareness among the people at large not only of their rights but also of the duties.

By way of illustration, they referred to a number of superior court judgments interpreting the law in a manner that was beneficial to society. The Indian Supreme Court came to the rescue of the press when duties on newsprint were raised and land lease of a newspaper chain was cancelled. It also rendered quite a few judgments in aid of cleaner environment and the independence of the judiciary and against executive excesses.

The superior courts in Pakistan also upheld the citizens' right to a pollution-free atmosphere, divorced women's right to maintenance (in the absence of a legal provision) and outlawed bonded labour.

The laws and judicial decisions could not, however, achieve the objectives without a change in the 'mindset'. There were a number of beneficial enactments and judicial pronouncements that remained unimplemented. There was no will in the implementation machinery and the public at large to enforce these laws and they remained confined to the statute book and judicial reports.

There was no declaration or formal expression of consensus at the working sessions and each speaker came out with his own formulation on the subject under discussion. The conclusions were broadly summed up by the chairman or the co-chairman of each session.

The first session, co-chaired by Syed Sharifuddin Pirzada (Pakistan) and Dr A.M. Singhvi (India), dealt with international law and Dr Kaiyan Kaikobad presented the key-note address. He was of the opinion that "since lawful authority now vests in the interim administration of Iraq, any kind of act for whatever motive, resistance or otherwise, which would constitute a crime under the Iraqi law, was punishable like any other crime."

Other speakers regretted the weakening of the peace mechanism provided by the UN system. Mr Pirzada and Dr Singhvi observed that the veto power in the Security Council had made it undemocratic. Justice Naimuddin of Bangladesh and Dr Rohan Perera said an unnecessary war was imposed on Iraq on the pretext of destroying weapons of mass destruction. Advocate Yawar Faruqui said the UN had once again been relegated to the background. A dictator was removed in the search for WMDs but no weapons were found.

The session on banking and recovery laws dealt with the problems of financial institutions, particularly those created by non- performing assets or bad debts. A number of measures, the speakers pointed out, had been adopted by the Saarc countries to reform the financial sector and conditions were improving gradually.

Sindh Advocate-General Anwar Mansoor Khan, who co- chaired the session together with Prof Kanak B. Thapa of Nepal, said the corporate and industrial restructuring committee, set up in Pakistan for reviving dysfunctional units, had not fully succeeded in its job.

Justice V.A. Mohta of India, Mohsin Rashid of Bangladesh, Nihal Jayamanne of Sri Lanka and Ijaz Ahmed of Pakistan addressed the session.

The sessions on the freedom of expression and media laws witnessed a lively discussion on what the speakers described as the most basic of the human rights -- "the right to cry." They said the third estate (the judiciary) and the fourth estate (the media) had a symbiotic relationship and must help each other maintain its independence and freedom.

The sessions were addressed by K.K. Venugopal, Rukesh Munjal and Dr Ranbir Singh of India; Amirul Islam of Bangladesh; Manohara de Silva of Sri Lanka; and Zahid Ibrahim, Qazi Faez Isa, Altaf Qureshi, Ahmed Rafay Alam, A. Qadir Khan of Pakistan. The sessions were chaired and co-chaired by Justice Umesh C. Bannerji of India, Justice Lyonpo Sonam Tobgye of Bhutan and Mesbahuddin Ahmed and Hafizullah of Bangladesh.

Informative presentations with calls for urgent action were made at the session devoted to the rights of women and children. Dr Rasheeda Patel and Ms Fauzia Kehar welcomed a number of recent acts and initiatives in Pakistan, including the decision to debate the "un-Islamic" Hudood ordinances, but said the president and the government should go beyond "mere lip service." Justice M.R. Calla (India) and East Punjab additional advocate- general Jayshree Anand were the other speakers. Justice B.A. Khan of India and Amirul Islam of Bangladesh co-chaired the session.

The speakers deplored discrimination against women in the South Asian countries but emphasized that it was a worldwide phenomenon in a male-dominated world and would require a prolonged struggle to eliminate it altogether.

"Combating organized crime" was discussed at another session co-chaired by Nihal Jayamanne of Sri Lanka and Justice Dilip Kumar Poudyal of Nepal. Dr Farogh Naseem (Pakistan) said the international protocols on combating organized crime must provide details of cooperation both at international and regional levels. G.L. Sanghi of India called for extradition of criminals like Daud Ibrahim irrespective of whether there was a treaty between the two neighbouring countries or not. Parag Tripathi of India also addressed the session.

The session on corporate governance discussed in detail the development of corporate culture in the region. It was co-chaired by Justice Sarath Silva of Sri Lanka and Justice Sabihuddin Ahmed of the Sindh High Court.

Advocate Abrar Hasan suggested measures to promote corporate accountability in Pakistan. Justice Ahmed said even after a company's guarantee, collateral securities for loans were sought from its directors in their individual capacities. Dr A.M. Singhvi of India, Andrew Baker of the United Kingdom, Laleeneie Hulangamuwa of Sri Lanka and Mohamed J. Jaffer were the other speakers.

The conference will hold its closing session on Sunday.