Lal Bihari Identity Case (1975-1994)

Author: Adv. Rubby Kalpesh Rajput, Asmita College of Law






In India, there have been lots of crime cases that have made headlines in the news and it have also triggered debate across the country. These cases aren’t all about crimes but they’re more about justice, fairness, and the way they are affecting society. From horrific murders to enormous corporate frauds, these events have turned into tragedies that affected and stayed in our country forever. This article aims to reveal the list of the 10 most popular and disputable criminal cases in India. Focusing on what happened behind the curtains, on the judgments, and the consequences that occurred as a result. Hence, now we are on the way through the roller coaster of these thrilling events, that became the focus of the nation’s attention.






Important laws cited in the case:
1.      The Protection of Human Rights Act, 1993
2.      The Indian Penal Code, 1860
3.      Article 21 of the Constitution of India, 1949
4.      Section 36 in the Protection of Human Rights Act, 1993
5.      Section 14 in the Protection of Human Rights Act, 1993




Introduction to the Case:


The Lal Bihari Identity Case, also known as the Lal Bihari “Dead Man” Case, is a notable legal case that unfolded in India between 1975 and 1994. It revolves around the extraordinary ordeal of Lal Bihari, a resident of Azamgarh district in Uttar Pradesh, who was declared legally dead while he was alive.


Facts of the Case:


Lal Bihari, a poor farmer, discovered that he was declared legally dead by his relatives in 1975. His relatives, in collusion with corrupt officials, forged documents to falsely declare him dead in order to usurp his ancestral property. Lal Bihari’s attempts to rectify this grave error were thwarted by bureaucratic apathy and corruption.
Despite being alive, Lal Bihari found himself legally non-existent, which created numerous hurdles in his personal and professional life. He was denied basic rights, including voting, accessing government benefits, and obtaining loans. Lal Bihari’s relentless efforts to prove his identity and reclaim his legal status spanned nearly two decades of bureaucratic red tape and legal battles.


Issue in the Case:


The primary issue in the Lal Bihari Identity Case was the grave injustice inflicted upon Lal Bihari due to the fraudulent declaration of his death. The case highlighted systemic flaws in the Indian bureaucracy, including corruption, inefficiency, and the lack of accountability. It underscored the vulnerability of marginalized individuals like Lal Bihari to exploitation and manipulation by powerful interests.


Judgment:
After a protracted legal battle spanning nearly two decades, Lal Bihari finally succeeded in reclaiming his identity and overturning the false declaration of his death in 1994. His perseverance and determination led to widespread media coverage and public outrage, forcing authorities to acknowledge their mistake and rectify the injustice.
The Lal Bihari Identity Case brought attention to the plight of individuals who fall victim to administrative errors and corruption in India’s bureaucracy. It served as a catalyst for reforms aimed at improving government accountability, streamlining bureaucratic procedures, and safeguarding the rights of citizens against arbitrary deprivation of identity and legal status.




Conclusion


After a prolonged legal battle, Lal Bihari reclaimed his identity and was declared alive. Now, through his organization – Uttar Pradesh Association of Dead People (Mritak Sangh), he fights for rights of individuals who have been wrongfully declared dead. As an activist for such people, Bihari seeks justice and relief for the living dead. He popularly goes by the name Lal Bihari Mritak, a poignant reminder of his battle with the bureaucracy.
This case draws our attention to two key areas, public identity, and corruption. It compels us to imagine the plight of several officially dead individuals who lose all the rights of a living person. For a few bucks, the identity of a living, breathing man can be wiped off. This case brought national and international attention to the issue of the “official death” of living people in the country. Though we have come a long way from 1994, corruption still poses a barrier to the full enjoyment of the rights for all the citizens.


FAQ

1.What is Lal Bihari identity case?

Ans: The Lal Bihari Identity Case, also known as the Lal Bihari “Dead Man” Case, is a notable legal case that unfolded in India between 1975 and 1994. It revolves around the extraordinary ordeal of Lal Bihari, a resident of Azamgarh district in Uttar Pradesh, who was declared legally dead while he was alive.


2.What happened in this case?

Ans: In the Lal Bihari Identity Case, Lal Bihari was falsely declared dead by his relatives in order to take over his property. As a result, he faced several difficulties in proving his existence and reclaiming his rights. He even applied for a government job but was rejected due to his “dead” status.

3.How did Lal Bihari fought for his identity in this case?

Ans: He fought with Indian bureaucracy for 19 years to prove that he was alive. Meanwhile, he added Mritak ( transl. deceased) to his name, and founded Mritak Sangh, the Uttar Pradesh Association of Dead People, to highlight other cases like his.



4.What challenges did Lal Bihari face while fighting for the case?

Ans: Lal Bihari faced numerous challenges in proving his identity in the Lal Bihari Identity Case. Some of these challenges included being denied a government job due to his “dead” status, being unable to access his own property, and facing societal discrimination and disbelief.

5.What was the outcome for this case?

Ans : In 1994, he managed to have his official death annulled after a long legal struggle. Bihari was awarded the Ig Nobel Peace Award in 2003. In 2004, he ran for a seat in the parliament of Lalganj, Uttar Pradesh. Bihari continues to support other people in similar situations.