Legal Battle Of Lal Bihari For Recognition As Alive

Introduction

In 1977, a 22 year old Indian farmer and activist from Azamgarh district of Uttar Pradesh, when came to a bank for a loan against his ancestral property, found that he has officially been dead. This was because his uncle had bribed an official in the department to get the property. It took Lal Bihari a mere 19 years in the courts to prove that he is still alive. During that period he decided that he’ll help people with similar situations and that is when he founded Association of Dead people or the “Mritak Sangh” and even added “Mritak” to his name, now being Lal Bihari Mritak. In this journey of 19 years, he did some surprising things in order to be proved alive. After fighting this journey, when a High court judge found that there were actually hundreds of such other cases already there, it ordered the Uttar Pradesh government to revive them in the records.

Legal battle of Lal Bihari

While fighting to regain his identity and revive himself and hundreds others, against the government, Lal Bihari demanded a compensation of Rs. 25 crores from the state government for the 18 precious years of his life wasted. In order to regain his identity, he had to take some extreme steps to get his names in the official records, which can be later used as an evidence.

1. He kidnapped his cousin: Lal Bihari kidnapped his cousin Baburam, the son of his uncle who bribed the officials to mark him dead in the records. But Lal Bihari not being a serial kidnapper, did not know what to do, so he used to take Baburam for movies every day. When baburam’s family did not file any complaint, he decided it is not worth of kidnapping him and hence he left him.
2. Registered a false case for rioting: Lal Bihari wanted to come in the lime light to be known, which can be used by him as an evidence. So he decided to bribe a police personnel, against a false case for rioting. When the police personnel came to know of his intentions of being known for doing a small crime, he thought that it might lead him to losing his job for taking a bribe, hence he returned the bribe.
3. Applied for Widow Pension: Lal Bihari, who was married at an early age, came up with a solid idea. He decided that he’ll ask the officials for widow pension and the officials will deny him the widow pension as they will see him present there. And subsequently which can be used an evidence of him being alive in the official records. But his idea didn’t work, when the officials in the pension department denied his wife the pension on some other illogical reason.
4. 4. Protested in the Uttar Pradesh Assembly, Lucknow: After doing these incidents, Lal Bihari gained some lime light, one of the Assembly members decided to raise the question of him being dead in the records. From that he decided to do a full-fledged protest inside the assembly. He arrange for a visitors pass and started shouting “Mujhe Zinda Karo” in the Assembly to gain limelight in the eyes of the government, until he was thrown out by the marshals.
5. Fought election against India’s 2 Prime Ministers: The biggest act that Lal Bihari did in order to get some limelight was the contest in elections against the 2 Prime Ministers of India. Lal Bihari decided to sell off his property and contest in the elections against Rajiv Gandhi and then the second time against V P Singh. This got him what he desired, Limelight and 1600 votes as well. Some of the media groups and newspapers started interviewing him and started writing about him.
6. Founded “Mritak Sangh”: The Association of the dead When Lal Bihari found that the injustice due to clerical error or fraudulent relatives was not the only case with him. There were and even are thousands struggling to get their names in the record books. That’s when Lal Bihari decided to have Mritak Sangh : The Association of the Dead, to help the people who face similar struggle in life to get theirn name in the record books.

Judgement

After fighting for over 19 years to regain his identity, Lal Bihari finally got his identity back. His struggle and perseverance paid off when in 1994, the Tehsildar ordered an inquiry. His resurrection became an inspiration for numerous others who followed him. Even today, the head office of “Mritak Sangh” operates in the premises of Mr. Bihari’s household. The Sangh has around 20000 members as of date. The Judgement given by Ravi S Dhawan of the Allahabad High Court is as follows:Some of the key points of the judgement are:

1. What the District Magistrate, Azamgarh, has reported as first hand official Information only confirms that public justice both in administration and the judicial system is in an embarrassing state of ineffectiveness for the ordinary man without resources or clout. The Indian Penal Code, 1860, when it provides to deal with circumstances of false evidence and offence against public justice had intended to deal with a law abiding society generally. There is public justice to be delivered by the administration, also. The Courts come later. But the circumstances acknowledged in the present proceedings reveal that the official keepers of the land records are not official in the discharge of their obligations. Interpolation of land revenue records with official patronage is terrorism of the Babu. There are fixers who distort truth both within the administration and the public justice system. Munshi Prem Chand, the classical Hindi novelist, has highlighted these themes on the village officials in his short stories. He died sixty years ago.
2. One aspect needs to be mentioned as it was brought to the notice of the Court by counsel at the Bar. The media carried reports, while these proceedings were pending, about the affected people of Azamgarh, primarily agriculturists recorded "dead" but alive, who took out a procession in the State capital, Lucknow, before the Houses of Legislature. They took out a procession by tying on bamboo made 'tikhtis' meant to carry the dead for last rites, the funeral. During demonstrations, these living 'dead' would rise from their bamboo 'tikhtis' shouting slogans, to the effect : We are not 'dead', but are alive. The contention, by the two learned amicus curiae assisting the Court, was that all this was of no avail and the circumstances of the living 'dead' continue.
3. Regard being had to the totality of circumstances, all at the Bar, whether the two learned amicus curiae, counsel for Lal Bihari, petitioner No. 2 or learned State counsel, that is, Chief Standing Counsel, U. P. , agree that the poor agriculturists must have protection at every given time. An apprehension has been expressed that if the proceedings were to close, then, all those being investigated and enquired into as a consequence of these proceedings will be constantly under threat to their lives. Further, an apprehension has been expressed and shared equally at the Bar that when the living 'dead' are restored possession of their agricultural lands, there will have to be a continued protection for a very long time and in this regard the phenomena which has been noticed in these proceedings now needs to be investigated, further, as this is a never ending story.
4. 4. In the proceedings before this Court, there are no rivals. There are no adversaries. All counsel have joined and are agreed that the phenomenon of the living 'dead' will need to be remedied first. It has also been indicated to the Court that the phenomenon is not isolated to Azamgarh and the aspect of people being shown 'dead' on the land revenue records and their lands being usurped illegally by those who can arrange it with connivance of officials is an ugly reality.
5. In the circumstances, the Court requests the two learned amicus curiae to draw out a statement of case for presentation before the National Human Rights Commissions along with the entire record of the present proceedings. It will be entirely up to the two learned amicus curiue, if they so desire, to retain the cause title as it is or vary it. The statement of case ought to be presented before the National Human Rights Commission by the two learned amicus curiae within six weeks from today. For secretarial assistance, learned Chief Standing Counsel, U. P. , has assured that his office will render all assistance.
6. It would only be fair that the two learned amicus curiae who have assisted the Court in this public cause be given a fee of Rs. 10, 000. 00 each by the State of U. P. , which the Chief Standing Counsel, U. P. , will arrange for and will deliver to them within a month from today.
7. The Registrar, High Court, will deliver a certified record to all counsel at the Bar, including the Chief Standing Counsel, U. P. , free of charge as this is a public interest litigation.

Conclusion

The case ignited a rather more important discussion on which is more important: public identity or corruption? In a country where people struggle to tell everyone that they are alive is heading nowhere. For us corruption is more important than a person trying to prove that he is not dead. With the formation of Mritak sangh, Lal Bihari is working towards getting justice for similar kind of people who are struggling to prove in the records that they are alive. Bihari was awarded the Ig Nobel Peace Award in 2003. In 2004 he ran for a seat in the parliament of Lal Ganj.

Bihari continues to support other people in similar situations. In 2004 he sponsored fellow Mritak Sangh member Shivdutt Yadav when he contested election against Indian prime minister Atal Bihari Vajpayee.