Case Brief of "Lal Bihari Identity Case (1975 - 1994)" by Atishay Tripathi

By:

Name: Atishay Tripathi

Course: BBA-LL.B.(H)

Semester: 6^th

College Name: Amity Law School, Jharkhand, Ranchi 

Case Notes:

Lal Bihari Identity Case (1975-1994)

Introduction:

A 22 years oldster arrives at a financial institution for mortgage towards his ancestral assets that initially belong to his father, is been instructed it really is useless regular with statistics and consequently the land belongs to his uncle. this could sound unusual to numerous however this had come about in certainly considered one in every of villages of Azamgarh district, Uttar Pradesh. In 1977, whilst Lal Bihari (born in 1955) went approached the financial institution for mortgage, he has been declared useless over 12 months with the aid of using the authentic sitting there. To regain his identification, Lal Bihari needed to combat many odds and ultimately after 18years of conflict the courtroom docket gave him his existence returned on paper. regular with the authorities’ RTI responses to petitions filed with the aid of using Bihari – the other changed into in 2008 and indicated that 335 useless humans were declared “alive” – over 500 humans are acknowledged as dwelling people. Acrimony and greed led contributors of identical own circle of relatives asserting the other individual useless so on gather the land and unscrupulous paintings with the aid of using the lekpal (low-degree bureaucrat) in preserving the report books devoid a dwelling individual of Right to Life. This case delivered into 5 predominant citations, the ones are, The Protection of Human Rights Act, 1993; The Indian Penal Code; Article 21 withinside the Constitution of India 1949; Section 36 withinside the Protection of Human Rights Act, 1993; Section 14 withinside the Protection of Human Rights Act, 1993.

Phase 1

Lal Bihari procedures his birthplace Khalilabad for residence, earnings and caste certificate as He wanted them to get a financial institution mortgage for his handloom business. On his arrival on the tehsildar’s office, he got here to recognize that he has been useless on account that thirtieth July, 1976. His spouse and children had bribed the khatuni (report keeper) to claim him useless at the authentic papers and switch one-fifths of the land to them. Vaguely Surprised and shattered with the information, he began out a brand-new segment of existence, which changed into regaining his identification.

 

Phase 2

Lal Bihari abducted his nephew and despatched his blouse soaking wet with animals’ blood to be had at butcher’s shop. But he allows the kid visit his dad and mom whilst didn’t sign up any case towards him. If nephew’s dad and mom might have registered a case towards him then he might have a evidence of his identification. After his nephew again home, an editorial seemed in a local newspaper known as Swatantra Bharat and after listening to upon the information an MLA raised a query withinside the UP Assembly.

Phase 3

Lal Bihari were given married at a younger age, and carried out for a widow pension for his spouse hoping the authorities might rectify the error upon seeing him alive, however this additionally went in vain.

Phase 4

At this factor Lal Bihari began out to offer whilst a baby-kisser named Shyam Lal seemed as a Guru to him and counselled him to brazenly name him “Mritak”, because the passer-by made a laugh of his identification and cracked comic story on his situation. This concept appealed him a lot in order that he began out the Mritak Sangh, an affiliation of the dwelling useless. But there has been one problem: it had no contributors besides him.

Phase 5

As the drama spurred on the Assembly, Lal Bihari sat on dharnas out of doors the Assembly in Lucknow. And subsequently were given a vacationer by skip to go into the meeting, and heroically stood up from his location and sang the slogan of “Mujhe zinda karo” at the same time as the meeting changed into in session. He needed to be thrown out of the meeting. He even bribed a police officer with 500 Rupees to sign up a case towards him however it went into vain.

 Lal Bihari bought his assets to contest the 1988 Lok Sabha election from Allahabad towards former Prime Minister VP Singh. Surprising even himself, he was given approximately 1, six hundred votes. In 1989, he filed nomination papers towards Rajiv Gandhi in Amethi after which directly filed a utility for countermanding the election, as he changed into useless. It changed into now no longer countermanded, of course, however he was given written approximately. In 1994, subsequently he changed into declared alive and were given his identification returned.

Now Mritak Sangh is a famous community, which enables different humans like Lal Bihari to earn justice who've been declared useless with the aid of using the own circle of relatives contributors in entice of assets.

Case Analysis:

• The sufferers of such situations have been commonly widowing, ill humans, or easy humans that have been inclined and powerless. One such petitioner changed into Jhulari Devi who changed into declared useless and chased out of her own circle of relative’s farm after the loss of life of her son.

• This case questions the credibility of the files which can be given with the aid of using the governmental officials.

• The preferred courtroom docket determined that “…it changed into clean that what had taken location changed into a gangland towards the terrible, hapless and helpless agriculturists faced with the muscle electricity of land mafias who may want to arrange, in collusion with the ones accountable of preserving land sales statistics, to induce interpolations made with the aid of using displaying humans who're in any other case alive, ‘useless’ on paper. Having performed this, the agriculturists have been kicked out in their holdings. This changed into even worse than serfdom. A digital reminder that the zamindar’s zamindari may also are abolished however has given way to prepared gun-toting agricultural land grabbers whom the authentic report keeper has followed and accepted.”, this assertion enunciates approximately the involvement of crook hobby and corruption withinside the nation.

• The courtroom docket said that it was now no longer honest if the case wasn't closed soon, as many agriculturists have suffered and are borderline terrible accordingly deteriorating their dwelling conditions. These instances have certainly grown to be a phenomenon of violation of human rights. regular with Article 21, each citizen has the right to existence and no-you could thieve it till its loss of life itself.

Judgment:

• The Hon’ble courtroom docket gave a threat for the ones humans that have been declared useless to reinstate their popularity as alive just so they may work out their rights as dwelling humans.

• The case changed into similarly assigned to Human Rights Commission alongside aspect all of the files and statistics of the prevailing criminal proceedings.

• The instances which can be processed and filed earlier than the Chief Judicial Magistrate, and those instances which can be but to be filed may also nonetheless be filed.

Conclusion:

The efforts made with the aid of using Lal Bihari to defend and are trying to find justice for the dwelling useless are immense. He made numerous tries to show that he is alive and now no longer useless. This case has given the facility less the electricity to induce justice. Many aged humans, widows, and inclined classes of people are subjected to this sort of crook offense. and through the affiliation fashioned with the aid of using Lal Bihari, many sufferers are becoming relief.