Published On: 22nd October, 2024
Authored By: Misritha Arvapally
Jindal Global Law School
Introduction:
Lal Bihari’s case is a compelling narrative that highlights the struggles of ordinary citizens against systemic corruption and bureaucratic apathy in India. Lal Bihari, born in 1961 in the village of Khalilabad in Uttar Pradesh, became a victim of a bizarre legal situation where he was declared dead by the government while he was very much alive and well. This case not only brings to light the flaws in the Indian bureaucratic system but also serves as an inspiring tale of resilience and determination.
Background:
Lal Bihari was a small-time farmer who lived a simple life with his family in Uttar Pradesh. In 1976, when he was 22 years old, Lal Bihari needed a loan to support his small business. To get the loan, he needed to produce a certificate of residence, which led him to the local revenue office. However, to his shock, he was informed by the officials that he had been officially declared dead in the government records. [1]
The reason behind this bizarre declaration was a conspiracy orchestrated by his relatives, who had bribed corrupt officials to have him declared deceased so that they could inherit his land. The relatives had managed to get a death certificate issued in his name, thereby legally transferring his land to their names. This fraudulent declaration was not an isolated incident in India, where land disputes are common, and bureaucratic corruption often leads to such bizarre outcomes.
Legal Battle:
Realizing the gravity of the situation, Lal Bihari began his long journey to reclaim his existence. His first step was to approach the local revenue office and request the rectification of records. However, he was met with indifference and mockery. The officials refused to acknowledge their mistake, and his pleas fell on deaf ears.
Undeterred, Lal Bihari decided to take legal action. He filed multiple cases in the local courts, demanding that the records be corrected and that he be officially declared alive. However, the court system was too slow and corrupt to provide immediate relief. The cases dragged on for years with no resolution in sight.
Social and Political Activism:
Frustrated with the lack of progress in his legal battle, Lal Bihari decided to take a more unconventional route. He began to engage in public protests and became a social activist. He even added the word “Mritak” (meaning “deceased”) to his name, henceforth calling himself “Lal Bihari Mritak.”
Lal Bihari’s activism took various forms, from contesting elections against high-profile politicians to organizing his mock funeral, demanded a widow’s pension for his wife. He contested elections against then-Prime Minister Rajiv Gandhi in 1989 and also against V.P. Singh, another prominent politician of the time. His objective was not to win but to draw attention to his situation and the plight of others like him. [2]
The Mritak Sangh:
During his activism, Lal Bihari discovered that he was not alone. There were several other people in Uttar Pradesh who had also been declared dead by corrupt officials. To unite these individuals and fight for their rights, he founded the “Mritak Sangh” (Association of the Dead) in 1989. The organization aimed to highlight the issue of “living dead” people who had been declared deceased in government records and to fight for their reinstatement as living citizens. [3]
The Mritak Sangh grew over the years, with hundreds of members joining the cause. The organization’s efforts brought significant media attention to the issue, both nationally and internationally. Lal Bihari’s story was covered by several news outlets, making him a symbol of resistance against corruption and bureaucratic negligence.
Judicial Proceedings and Challenges:
The legal process in India is notoriously slow, and Lal Bihari’s case was no exception. His case was mired in delays, corruption, and the indifference of government officials.
- Corruption: Unfortunately, the very officials who were meant to assist Lal Bihari ended up being part of the issue. Instead of correcting the mistake that marked him as dead, some of them were involved in the fraudulent activities that led to his predicament. Bribes and covert deals kept the truth hidden, transforming Lal Bihari’s pursuit of justice into an exhausting, never-ending ordeal. Each time he felt he was making headway, corruption would surface once again, forcing him back to square one.
- Bureaucratic Apathy: The sheer indifference of the bureaucracy only added to Lal Bihari’s suffering. To the officials responsible for his case, he was merely another document, another number in a pile of files. His urgent appeals, his desperate assertions of being alive, were frequently met with blank expressions or dismissive responses. It was as if he was invisible, and the system that was supposed to safeguard his rights made him feel more isolated than ever.
- Legal Complexity: Navigating the legal system was like being trapped in a maze for Lal Bihari. The endless paperwork, procedures, and complex language created barriers at every turn. Without a formal education or the resources to understand the legal processes, he found himself entangled in a web of red tape. Every small success seemed to be followed by yet another challenge, making his quest for justice feel like an impossible task. The overwhelming complexity of the legal system made him feel as though the odds were stacked against him, with no clear path forward.
- Social Stigma: Being declared dead wasn’t just a legal error; it had profound personal consequences for Lal Bihari. The people around him—neighbours, friends, and even some family members—began to withdraw. He was treated like someone who no longer belonged, a ghost of sorts. The whispers, the avoidance, the looks of pity or confusion—all of it weighed heavily on him. Lal Bihari wasn’t just battling the authorities; he was also grappling with the emotional pain of being cast out, the loneliness, and the anguish of feeling erased from his own life.
Resolution:
The turning point in Lal Bihari’s case came in the early 1990s when his relentless campaign began to attract media attention. Journalists, activists, and human rights organizations started to take notice, and the pressure on the government increased.
After nearly two decades of relentless struggle, Lal Bihari finally achieved victory in 1994 when he was officially declared alive by the government. The court ruling was a significant milestone, not just for Lal Bihari but also for the numerous other “living dead” individuals who had been fighting similar battles. However, the resolution of the case was not the end of Lal Bihari’s activism. He continued to work with the Mritak Sangh, helping others who had been similarly declared dead.
His case also exposed the deep-rooted corruption in the Indian administrative system and the inefficiencies of the legal process.
Impact and Legacy:
Lal Bihari’s case had a profound impact on Indian society. It brought to the forefront the issue of corruption in the land revenue system and the ease with which government records could be manipulated. His struggle also highlighted the flaws in the Indian legal system, where cases often drag on for years without resolution.
Lal Bihari’s story has inspired many, both in India and abroad. His life has been the subject of several articles, documentaries, and even a Bollywood movie titled “Kaagaz” (2021), directed by Satish Kaushik and starring Pankaj Tripathi in the lead role. The film portrays Lal Bihari’s journey and his fight against the system, bringing his incredible story to a wider audience. [4]
Lal Bihari continues to be an activist and a voice for the marginalized. He remains involved with the Mritak Sangh, helping others who are in similar situations. His case serves as a reminder of the power of resilience and the importance of fighting against injustice, no matter how insurmountable the odds may seem.
Conclusion:
The case of Lal Bihari is a remarkable tale of survival and resistance against a corrupt and indifferent system. It underscores the need for reforms in the Indian administrative and legal systems to prevent such cases from occurring in the future. Lal Bihari’s story is not just about one man’s fight for his identity; it is a symbol of the broader struggle against corruption and the misuse of power in India.
Through his determination, Lal Bihari has left an indelible mark on Indian society. His legacy continues to inspire others to stand up against injustice and to fight for their rights. The case of Lal Bihari Mritak will forever be remembered as a testament to the resilience of the human spirit and the relentless pursuit of justice.
References
[1] “Case Brief of ‘Lal Bihari Identity Case (1975 – 1994)’ by Atishay Tripathi” (TOGETHER, August 5, 2021) https://www.togetherwcww.com/2021/08/case-brief-lal-bihari-identity-1975-by-atishay-august.html.
[2] Ians, “‘Dead’ Man in India Comes Alive, Faces Threat to His Life” India – Gulf News (November 8, 2023) https://gulfnews.com/world/asia/india/dead-man-in-india-comes-alive-faces-threat-to-his-life-1.1699431967668.
[3] Bisht AS, “Too Many ‘living Dead’ in UP” The Times of India (July 18, 2003) https://timesofindia.indiatimes.com/city/lucknow/Too-many-living-dead-in-UP/articleshow/83559.cms.
[4] Karelia G, “Reel vs Real: Meet the ‘Dead’ Man behind Pankaj Tripathi’s Character in Kaagaz” (The Better India, January 11, 2021) https://thebetterindia.com/246941/uttar-pradesh-lal-bihari-pankaj-tripathi-kaagaz-real-story-fake-court-case-dead-man-alive-india-gop94/.
