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The unusual case of the dwelling useless

The Strange Case of the Living Dead, written by Surya Sunilkumar, a student at the Ramaiah Institute of Legal Studies

abstract

Association of the dead against the state of Uttar Pradesh & Ors. was one of the most interesting cases to come before the Allahabad High Court. After 18 years of struggle by Lal Bihari and other people pronounced dead by their relatives for their property, identified as alive by the Hon’ble High Court, the petitioners’ rights to the property for which they were intended have been restored You.

Facts of the case

The origin of the procedure was based on a report in TIME magazine. Lal Bihari, the petitioner, had returned to his hometown in UP to apply for a loan against the ancestral property as security. When he contacted the tax officials, he found that he was listed as a deceased according to the officials’ records and books. It was later found that his cousins ​​had bribed the officers to pronounce him dead so that they could receive a fifth of the property they could only claim if Lal Bihari was dead. He added the word mritak or dead to his name and to demonstrate that he was alive, he was arrested, tried to run for parliament, kidnapped the child of the uncle who had taken his property, undermined murder, insulted judges and accused Flyers that his posted protested against lawmakers in the State Assembly and called for the benefits of a widow for his significant other. Each time he was either beaten or reprimanded by the police for running out of time for the authorities. When he couldn’t find a way to restore his identity, he formed a bond with the dead. It is observed that there have been many cases of people being pronounced dead despite being alive.
Laws against the respondent / accused
The laws that helped regain the identity of the living dead were:

  1. The 1993 Human Rights Protection Act
  2. The Indian Criminal Code
  3. Article 21 in the Constitution of India 1949
  4. Section 36 of the Human Rights Protection Act 1993
  5. Section 14 of the Human Rights Protection Act 1993

Case analysis

• The victims of such scenarios were usually widows, the sick, or ordinary people who were vulnerable and powerless. One such petitioner was Jhulari Devi, who was pronounced dead after the death of her son and evicted from her family farm.
• This case challenges the credibility of the documents presented by government officials.
• The High Court found that “… it was clear that it was an organized crime against the poor, unfortunate and helpless farmers who were faced with the muscular strength of land mafias, who, in consultation with those responsible for maintaining the Land revenue could arrange records to get interpolations by putting people who would otherwise be alive “dead” on paper. After this was achieved, farmers were kicked out of their holdings. It was worse than serfdom. A virtual reminder that the Zamindari of the Zamindar may have been abolished but have given way to organized armed agricultural land grabbers that the official secretary has adopted and accepted. “Explains this statement about the involvement of criminal activity and corruption in the nation.
• The court stated that it would not be fair if the case was not closed soon, as many farmers have suffered and are poor on the border, making their living conditions worse. These cases have practically become a human rights violation phenomenon. According to Article 21, every citizen has the right to life and no one can steal it himself until he dies.

evaluation

• The Hon’ble Court gave those who were declared dead the opportunity to restore their living status so that they can exercise their rights as living people.
• The case has been assigned to the Human Rights Commission along with all documents and records of ongoing legal proceedings.
• The cases that have been processed and filed before the Chief Justice and the cases that have yet to be filed can still be filed.

Conclusion

Lal Bihari’s efforts to protect the living dead and seek justice are immense. He made several attempts to prove that he is alive and not dead. This fall has given the powerless the power to obtain justice. Many elderly people, widows and vulnerable groups are exposed to such a crime. and through the association founded by Lal Bihari, many victims have received relief.

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