“Some men are simply alive because its against the law to kill them.”
Ed Howe
“And some men are simply dead because it’s the law which has killed them.”
To the surprise of Mr. Lal Bihari, his loan was rejected by the bank in 1975 because ‘he’ was ‘dead’. His uncle had bribed officials to declare him dead and transfer Lal Bihari’s land to his own name. But even after 30 years, the man still waits to be declared alive which seems to be quiet unlikely during his lifetime.
And interestingly, Bihari is not a lone case. There are hundreds like him out there trying to “prove their existence”. Another case is of Maha Prasad, who was declared officially dead under land and court records in 1979, but worked as a police constable in Lucknow till 1985.
Why does it happen –- shortage of agricultural land
- greed
- some family rivalry
How does it happen – In the wake of unchecked corruption, it doesn’t take much to get a death certificate under the Registration of Births and Deaths Act of 1969. What is required is –
- An application,
- a medical certificate confirming death,
- an affidavit and a copy of a ration card (or other proof of identity) of the applicant.
Technically, the police station is supposed to check before a death certificate is issued. But presumably, corruption takes care of that also. The more serious issue is the subsequent fraudulent registration of agricultural land.
The Effort –Among various innovative methods, this grieved group in India has adopted to attract the attention of the administration and the law the most prominent are –
- Formed a “Mritak Sangh, the association of the dead” to make a collective effort to put forward their point.
- Organized Mock Funerals of the ‘Alive Dead’.
- Demanded widow pension for the wives of the dead.
- Contested elections against prominent politicians like ‘Atal Behari Vajpayee.
Food For thought – Dawood Ibrahim has both - power and money to proove himself dead. And once this happens, all the cases pending against him in the court would become null and void for whom would the judge reward the punishment - "A Dead Man"?
He would be able to walk free for he doesn’t even exist by law. He has the most unquestionable alibi!
The X Factor
"How reliable is the law when there exists such a flaw?"Thanks to Kapil Dev Gupta.
Manish Saini
X-Man
Forr further reference visit
here,
here,
here and
here.