ASSOCIATION OF DEAD PEOPLE AND ORS. V. STATE OF UTTAR PRADESH AND ORS.

Sakshi Sharan, Student, Christ University

Case Details : 

• Jurisdiction: High Court of Allahabad
• Bench: Ravi S Dhavan and B. Dikshit
• Date of the Decision: 7 January, 2000

Facts of the case: 

During the 1990s, in the Eastern part of Uttar Pradesh, peasant farmer’s land could be taken away easily. This could be done by a hired killer who could be bought just for 10 dollars or by bribing land records officials in the Land Registry Office who would declare the person dead on paper and transfer land to the person who bribed the official. For the land records official, it used to cost between 1 dollar to 50 dollars depending on the plot’s size and the farmer’s wealth. This started happening a lot in the eastern region- declare a person dead and grab his share of the land. It was an apparent crime organized against the poor and helpless agriculturists who were on the borderline of poverty, and agriculture was the source of their livelihood.

The same was done to Lal Bihari. 

On 30th of July, 1976, Lal Bihari was declared dead. He got to know this when he went to his hometown, Amilo, which is in Azamgarh to claim a loan against an ancestral property he had as collateral. He went to the land records official to claim his share of the ancestral property but the official said that he is dead as per the books. 

Later, It was discovered that it was his uncle who had bribed the official with 300 rupees to claim Lal Bihari’s land. 

In the courtroom, he stood right before the judges yet asked for evidence and proof of him being alive. As a result, Lal Bihari tried to prove that he is alive and to draw public attention. He did so by adding Mritak (meaning dead) to his name, he kidnapped the child of his uncle or tried to commit any other criminal offence so that he would be arrested, running elections, getting his wife to apply for a widow’s pension, which was denied, offended several judges, distributed several pamphlets posting his protests at the legislator of the State Assembly and did a mock funeral. But nothing worked. 

In due process, he noticed a lot of cases where people were declared dead even though they were still alive. This eventually led to the creation of the Uttar Pradesh Association of Dead People, which seeks to reclaim the legal rights of those falsely listed as dead in Uttar Pradesh. As the number of members grew to 40,000, the organization launched a campaign to bring attention to their plight. 

Issues: 

• Whether the Association of Dead has legal standing.  
• Whether the lawsuit was valid. 
• Whether the people who have died have the right to vote – Association of Dead People expresses concern that the names of deceased individuals were not removed from electoral rolls, resulting in their votes being cast fraudulently during Uttar Pradesh elections.

Arguements:

1.  Petitioner’s arguments : 

• Protection for Poor Agriculturists: All parties at the Bar, including the amicus curiae, counsel for Lal Bihari, and the Chief Standing Counsel, U.P., agree that poor agriculturists need consistent protection.
• Threats to Life: There is a shared concern that if the proceedings close, those under investigation will remain under constant threat.
• Ongoing Protection Required: When the “living dead” are restored possession of their lands, continuous protection must be ensured for an extended period.
• Phenomenon to Be Investigated: The situation revealed in these proceedings is ongoing and warrants further investigation.
• Limitation Not a Barrier: The Chief Standing Counsel clarified that limitation under sub-section (2) of Section 36 does not hinder the claims of the “living dead” agriculturists.
• Case of Lal Bihari: Petitioner No. 2, whose story gained international attention, regained possession of his land through these proceedings.
• Right to File a Complaint: It was argued that dispossessed individuals, like Lal Bihari, could still file complaints with the National Human Rights Commission within a year of their dispossession’s end.
• Continuing Wrong: The issue at hand is considered a “continuing wrong,” allowing for sustained legal recourse despite potential time limits.

2. Respondent’s arguments : 

• Advocate General’s Statement: The Advocate General of U.P., Mr. R.P. Goyal, informed the Court about the plight of agriculturists in Azamgarh, who are wrongly recorded as ‘dead’ in land records, while their lands have been usurped by land mafias.
• Chief Secretary’s Involvement: The Advocate General advised the Chief Secretary to address this issue, emphasizing its adverse impact on the administration and the justice system.
• Police Assistance: The Advocate General highlighted the role of the police in executing orders to restore lands to the rightful owners.
• Fear Psychosis Among Agriculturists: The Advocate General expressed concern over the fear prevailing among dispossessed agriculturists and emphasized that the administration must restore public confidence in the rule of law.
• Increasing Number of Cases: By December 21, 1999, the number of cases concerning ‘living dead’ agriculturists had risen to 84.

Judgement:  

Azamgarh District Magistrate was required to place repeated news inserts in local Hindi newspapers, local radio, and the local television network announcing throughout the District of Azamgarh that if there is anyone with similar problems, they should come forward and bring this issue to the attention of the Pradhan of their village. The local administration will then convey this information and register it with the Chief Judicial Magistrate.

The Honorable Court, in its judgment expressed its concern about the lands of farmers and their livelihood that depends on it. It also considered the struggle that victims like Lal Bihari had to do just to prove that they are alive and said that “it was clear that what had taken place was an organized crime against the poor, hapless and helpless agriculturists confronted with the muscle power of land mafias who could arrange, in collusion with those in charge of keeping land revenue records, to get interpolations made by showing persons who are otherwise alive, ‘dead’ on paper. Having achieved this, the agriculturists were kicked out of their holdings. This was even worse than serfdom. A virtual reminder that the zamindar’s zamindari may have been abolished but has given way to organized gun-toting agricultural land grabbers whom the official record keeper has adopted and accepted.”

After fighting for over 19 years, Lal Bihari finally regained his identity. In 1994, the Tehsildar ordered an investigation because of his perseverance and struggle. 

Then this case was eventually rigorously practiced and assigned to the National Human Rights Commission and they were given all of the necessary documents, records, and shreds of evidence of the legal proceedings as the victim’s basic human rights had been violated. All the cases similar to this one have been processed and filed before the Chief Judicial Magistrate, and those that are yet to be filed may do so in the future. Any of one of the victims who were declared dead by some people prior to any conspiracy can go to court or file a complaint with the National Human Rights Commission.

Legal Principles: 

1. The Indian Penal Code,1860: The IPC has various sections that were relevant in this case, such as Section 120B which is criminal conspiracy which was done by Lal Bihari’s uncle, Section 166 which governs public servant disobeying law which was done by Land Report Officials, Section 167 which is if a public servant framing an incorrect document, and Section 468 which forgery for the purpose of cheating. It majorly deals with circumstances of False evidence and offense against public justice.

2. Article 21 of the Indian Constitution (Protection of Life and Personal Liberty): Article 21 ensures the fundamental right to life and personal liberty. In this case, it dealt with the deprivation of source of livelihood. The liberty to hold a land in confidence that may be the only source of livelihood affects the person and its right to live with dignity. Also it played a significant role in this case by ensuring the victims’ rights to be recognized as living individuals and to exercise their rights as ordinary citizens.

3. Section 36 in The Protection of Human Rights Act, 1993: This section is about National Human Rights Commission to take suo moto cognizance of matters of human rights violation and start the proceedings

4. Section 14 in The Protection of Human Rights Act, 1993: This section deals with the powers and functions of National Human Rights Commission, which include investigating violations of human rights and suggesting measures to ensure their effective implementation accordingly.

5. The Protection of Human Rights Act, 1993: This act establishes the National Human Rights Commission and State Human Rights Commissions in India to protect and promote human rights. Under this act, the case was referred to the National Human Rights Commission for further investigation and action.

6. Article 14 of Indian Constitution (Right to Equality): This guarantees equal protection before law. Equal protection was given to the victims of this crime and the court tried to restore their position.

7. Code of Criminal Procedure, 1973: The victims looked for protection of the law within Section 200.

Articles 32 and 226 of the Indian Constitution grant the right to petition the Supreme Court and High Courts for the enforcement of fundamental rights, respectively. 

Analysis: 

Victim of the case were betrayed by relatives. The people who faced this were mostly poor, vulnerable, and illiterate farmers. This case called into question about the legality of official documents produced by government officials and talked about the rights and privileges of deceased individuals. This case clearly showed the criminal activities that people would do to take someone’s land and the corrupted officials that would help them in the same.

 In many jurisdictions, the rights and distribution of a deceased person’s assets are determined by their will or by intestacy laws. However, there may be instances where the wishes or interests of the deceased are not adequately represented or protected. In this case, the Association of Dead People and other parties may have argued that the State of Uttar Pradesh and other relevant authorities failed to respect deceased individuals’ rights and interests in property ownership, taxation, and legal proceedings. They may have claimed that the state’s actions or policies violated the deceased individuals’ fundamental rights or constitutional protections. The outcome of this case could have far-reaching implications for the legal recognition and protection of the rights and interests of the deceased. It could set a precedent for ensuring that the rights and interests of deceased individuals are considered by the state and other authorities, particularly when their estate or assets are involved. 

The judgement in this case aligns with several legal principles specially fundamental rights. This case underscores the deprivation of fundamental rights through fraudulent practices, and the judgment reaffirmed the necessity of protecting these rights for marginalized individuals. 

Referring the matter to the National Human Rights Commission (NHRC) aligns with the provisions of Protection of Human Rights Act, 1993. Additionally, The judgment’s acknowledgment of corruption within government machinery sets a bold precedent. By directly addressing the collusion between land mafias and officials, the court highlighted the critical need for systemic reforms.

Conclusion:  

This judgment was absolutely in favour of the vulnerable farmers who are either betrayed by their own family or powerful land mafias. Further provisions given by the court also ensured that these incidents will not be repeated. Many victims have benefited from this judgment. This case also shed light on how trustworthy the data and records provided by some government officials are. At the time, the Azamgarh district of Uttar Pradesh was a hotspot of corruption. Several cases were then filed in the Uttar Pradesh High Court and the Human Rights Commission. It granted the victims the right to live.

This case highlights the significance of public identity and corruption. It asks us to consider the suffering of some people who are declared dead yet retain all their rights. For only a few dollars, the identity of a living, breathing person can be erased. This case raised national and international awareness of the problem of “official death” of living people in the country. Many aged, widows, and other vulnerable groups have been victims of such crimes, and many of them have received assistance from Lal Bihari’s organization. With the help of his association, many victims have got relief.

References : 

• India Kanoon
• THE STORY OF THE ASSOCIATION OF DEAD PEOPLE – Vol-9 Issue-3 2023