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RURAL DEVELOPMENT and HUMAN RIGHTS in SOUTH ASIA RURAL DEVELOPMENT and HUMAN RIGHTS in SOUTH ASIA

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RURAL DEVELOPMENT and HUMAN RIGHTS in SOUTH ASIA RURAL DEVELOPMENT and HUMAN RIGHTS in SOUTH ASIA . RURAL DEVELOPMENT and HUMAN RIGHTS IN SOUTH ASIA RURAL DEVELOPMENT AND HUMAN RIGHTS IN SOUTH ASIA Report of a Seminar held in Lucknow, India, 4-9 December 1982 INTERNATIONAL COMMISSION OF JURISTS and HUMAN RIGHTS INSTITUTE Copyright © 1984 International Commission of Jurists Human Rights Institute Published jointly by International Commission of Jurists P.O. Box 120, CH-1224 Geneva, Switzerland Human Rights Institute G-2/5 River Bank Colony, Lucknow, India ISBN 92 9037 022 X Printed in India by India Printing Works, Bombay 400 023 and Published by N. M. Tripathi Private Ltd., Bombay 400 002 CONTENTS Preface, by Niall MacDermot, Secretary-General of the International Commission of Jurists 1 List of Participants 5 Conclusions and Recommendations 9 Opening session Opening address by Y. V. Chandrachud Chief Justice, Supreme Court of India 46 Introductory Remarks by R. N. Trivedi Director, Human Rights Institute, Lucknow 53 Introductory Remarks by Niall MacDermot Secretary-General, International Commission of Jurists 55 Keynote address by Clarence J. Dias President, International Centre for Law in Development, New York 59 Address by Upendra Baxi 68 Committee I—Agricultural and Economic Policies: Their Effects on the Rural Population Working Papers: Agricultural and Economic Policies: Their Effects on the Rural Population by Sanjit Roy 78 Agricultural Policies: Their Impact on the Rural Poor by Clarence J. Dias 86 Agricultural Policies and Their Effects on the Rural Population by Tribhuvan Prasad 96 Agricultural Policies and Their Impact on Their Rural People by Siddhi B. Ranjitkar 97 A View on Rural Development in Bangladesh by Badal Rashid 98 Integrated Rural Development in Pakistan by Sadiq Malik 103 Committee I—Land Tenure and Land Reform Working Paper: Land Tenure and Land Reform by Kamal Siddiqui 108 v Committee II—Socio-economic Structures at Village Levels Working Paper : Socio-economic Structure of a Sri Lankan Village by A. T. Ariyaratne 119 Committee II—-Organisations of Farmers Working Papers: Organisation of Hungry Producers by Da.lta Savale 125 Socio-economic Structures at Village Levels and Organisations of Farmers in the Asian Region by E. A. G. De Silva 137 Question of Organisations of the Peasants in Nepal by Kusum Sh/restha 141 Participation of the People in Government: Sri Lanka Experiment by D. P. B. Mahadiulwewa 144 Committee III—Bonded Labour Working Paper : Bonded Labour by Swami Agnivesh 146 Committee III—Landless Labour Working Paper: The Role of Rural Workers’ Organisation by Mahmood Ali Khan 155 Committee IV—Women’s Role in Ruiral Development Working Papers : Women’s Role in Rural Development in Pakistan by Rashida Patel 166 Rural Women in Development in Nepal by Bina Pradhan 171 Role of Women in Rural Development in India by Chandi Prasad Bhatt 176 Role of Women in Rural Development in Pakistan by Dominic Mughal 180 Women and Rural Development in India by L. N. Mathur 183 Committee IV—The Effects of the Population Explosion ion Development Working Papers : vi The Population Explosion and Development: Some Myths, Fallacies and Remedies by S. Dasgupta 184 Population Control and Rural Development by R. S. Mathur 198 Committee V—Disadvantaged Minorities and Social Groups Working Papers : Disadvantaged Minorities and Social Groups in India by Chandi Prasad Bhatt 201 Tribals as Victims of Discrimination and Remedies to Improve the Situation by Sharad Kulkarni 211 Committee V—Problem of Migrants Working Paper: Migrants—National and International by R. N. Trivedi 216 Committee V—Health Problems and Health Services Working Paper : Health For All by 2000 : Myth or Reality by Zafrullah Chowdhury 221 Committee VI—Legal Aid and Legal Services Working Papers : Legal Aid and Legal Services in Rural Areas by Joseph Idiakunnel 231 Popular Participation and Law : An ESCAP Project by K. R. Emrich 239 Justice Reaching the Poor by Justice T. S. Misra 247 Legal Aid and Legal Assistance in Rural Areas by G. S. Sharma 251 Committee VI—Violence and Counterviolence: Police Methods Working Paper: Violence-Counterviolence: Instruments to Contain Violence by N. Tiruchelvam 253 Appendix I : ILO Convention 141 Concerning Organisa- sations of Rural Workers and their Role in Economic and Social Development 265 Appendix II: ILO Recommendation 149 Concerning Organisations of Rural Workers and their Role in Eco­ nomic and Social Development 271 vii PREFACE In December 1982 a seminar was held in Lucknow, India, on Rural Development and Human Rights in South Asia, organised by the International Commission of Jurists (ICJ) and the Human Rights Institute, Lucknow. This was the seventh of a series of third world seminars organised by the ICJ, the previous ones being in Dar-e-Salaam (1976), Barbados (1977), Dakar (1978), Bogota (1979), Kuwait (1980) and Penang (1981). The participants, who came from Bangladesh, India, Nepal, Pakistan and Sri Lanka included practicing lawyers, judges, law teachers, economists and political scientists as well as members of grass-roots non-governmental organisations working with the rural poor, and representatives of the International Labour Organisation (ILO) and the Economic and Social Commission for Asia and the Pacific (ESCAP). The main discussions took place in committees, and the sub­ jects discussed included agricultural and economic policies; socio-economic structures at village level; land tenure and land reform; organisations of rural workers; landless labour and bonded labour; tribals, migrants and other disadvantaged minori­ ties; the role of women in development; population control; health services; violence and counter violence; and legal aid and legal resources for the rural poor. The basic issue was the socio-economic structures at village level, where the majority live in abject poverty dominated, intimi­ dated and exploited by wealthy farmers, traders and money­ lenders. Even the law enforcement authorities are under their sway and powerless to protect their victims. In face of this, the participants were unanimous in holding that, while a strong political will was needed to change this pattern of exploitation and poverty, nothing effective could be achieved unless and until the rural poor organised themselves to create a countervailing power to that of the merchant-farmer-money-lenders. Where this had been done, real progress had been made. Other conclusions of the seminar were that : many well intentioned agricultural and economic policies have resulted in benefit to the rich and middle class peasants rather than to the rural poor, due to the power structures just referred to ; the exploitation of bonded and other landless labourers is increasing and spreading from the rural to the urban areas, in spite of progressive legislation outlawing this slavery-like practice; the same comment applies to the exploitation of the many millions of indigenous peoples, known as ‘tribals’, who are cheated out of their rights, and to the almost wholly unorga­ nised migrant workers; the exploitation of women, often based on outdated and now illegal practices, continues and is intensified by the growing violence committed against women; while the need for population control was recognised, pro­ grammes for it need toi be more flexible, and will not succeed until increased social security and health services remove the main incentive to large families; the emphasis of health services in rural areas should be on the preventive aspect of medicine, such as the provision of clean water and sanitation facilities, and more respect should be shown towards traditional medicine ; the prevalent violence in rural areas would not be overcome without recognition of the violence inherent in the existing social, political and economic structures; legal aid and legal resources for the rural poor should be directed first and foremost to co-operation between concerned lawyers and grass-roots non-governmental organisations at village level, so as to inform the poor as to their rights, and to train para-legals to help them to assert and defend these rights. At the end of the seminar the participants decided to create a regional organisation to promote such co-operation. It is called SAARD — the South Asian Association for the Right to Deve­ lopment. The secretary is Mr. R. N. Trivedi, C-2/5, River Bank Colony, Lucknow 226001, Lucknow. This publication sets out in full the conclusions and recom­ mendations of the seminar, together with the working papers, the opening speech of Y. V. Chandrachud, Chief Justice of India, and the key-note addresses of Dr. Clarence Dias and Professor Upendra Baxi. The ICJ and the Human Rights Institute, Lucknow, wish to thank the following organisations whose financial contributions made possible the holding of the seminar: Asia Partnership for Human Development, Bread for the World (German Evangelical Church), Dutch Bishops’ Lenten Action, European Human Rights Foundation, Inter-Church Co-ordination Committee for Develop­ ment Projects (ICCO, Netherlands), and the Netherlands Organisa­ tion for International Development (NOVIB). Niall MacDermot Secretary-General Geneva International Commission of Jurists March 1983 LIST OF PARTICIPANTS India X. Swami Agnivesh 7 Jantar Mantar Road, Active worker New Delhi 110 001. among the rural poor. Chairman, Bandhua Mukti Morcha. 2. Jagdish Bhalla El/A River Bank Advocate. Colony, Lucknow. 3. Chandi Prasad Dasholi Gram Swarajya Organiser of Bhatt Mandal, Gopeshwar CHIPKO Movement Chamoli, Uttarkand to Safeguard the 246 401. Rights of Tribals. 4. Devanand Bajpai Shiva Dham, Advocate. 20 Mall Avenue, Lucknow. 5. S. Chakrapani 981 J.J. Colony, Secretary Ass. for D.D.A. Flats, Kalka Ji Voluntary Actions. New Delhi 110 019. 6. Clarence J. Dias ICLD President, International 777 United Nations Center for Law in Plaza, New York, Development, N.Y. 10017, USA. New York. 7. Joseph Idiakuimel Rajpipla Social Service Free Legal Aid Society, Kishor Nivas, Office, Rajpipla, Rajpipla P.O., to provide legal Dt. Bharuch, aid and education to Gujarat 393145. villagers. 8. S. K. Kalia C-12 Vivekanand Puri Advocate, High Court Lucknow, U.P. Lucknow. 9. S. D. Kulkami Centre for Tribal Con- Director, Centre for scientisation, 2071 Tribal Conscientisation, Yashodhan Vijayangar Pune.
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