Sunday, August 30, 2020

PRENUPTIAL/PREMARITAL Agreements may be India's future law


what is Prenuptial agreement or premarital agreement ?


A prenuptial agreement is a contract between two individuals who are about to get married, outlining the state of finances and personal liabilities in case the divorce .




 

 is Prenuptial agreement or premarital agreement  valid in India ?


In India, no one thinks of divorce a time of solemnizing of a marriage,in India  premarital agreements are neither legal, nor valid under the laws of marriage because they do not consider marriage to be a contract. A marriage is considered as a religious bond between spouses and prenuptial agreements do not gain social acceptance. in India Prenups are considered against public policy. It cannot be valid according to Indian Contract Act, 1872 Section 23 which states:

“The consideration or object of an agreement is lawful, unless – it is forbidden by law; or is of such nature that, if permitted, it would defeat the provisions of any law; or is fraudulent; or involves or implies injury to the person or property of another or; the Court regards it as immoral, or opposed to public policy.

In each of these cases, the consideration or object of an agreement is said to be unlawful. Every agreement of which the object or consideration is unlawful is void.”

. It is governed by law of contract and not by Hindu Marriage Act or any other statute relating to marriages or personal laws. The provisions of Section 10 of the Indian Contract Act, 1872 would apply to the contract as it would to any other type of contract in order for it to be valid.

various High Courts has ruled that prenuptial agreements are non-executable and invalid.

countries where prenuptial agreements are legal.

 Finland, France, Greece, Portugal, Spain, South Africa, Sweden, Russia, Taiwan, Thailand,Australia, Canada, Brazil, China and the United States Virgin Islands have made prenuptial agreements enforceable in their countries.


essentials  of the agreements ?

The countries that have legalized prenuptial agreements have rules and regulations that govern the legality and enforceability of the agreements. essentials  of the agreements are:

a) A prenuptial agreement must be in writing. Oral prenups are not valid.

b) The agreement should be mutually agreed upon and duly acknowledged by both parties.

c) Consent of the parties should be free of undue influence, fraud, misrepresentation, or cohesion. A prenup signed a day before marriage can be invalidated by the court.

d) Both parties should sign with proper legal representatives, preferably in front of witnesses or notary.

e) The clauses in the agreement should be reasonable. It means that both parties should be benefited equally.

Why Prenuptial agreement may be India's future law?

As divorce litigation is rising in India day by day, with one matrimonial dispute comes along with number of cases in courts like maintenance 125 crpc, sec 9,divorce 13 hma, domestic violence case,child custody and other cases with regards injunctions or etc. 

where as  Prenuptial agreement can help protect the interest of the parties and save both from any unforeseen circumstances and ugly divorces and unwanted litigation . One of the most important advantages of prenup is that it forces couples to have a financial discussion before the marriage. Some of the other reasons are listed below for opting for prenup:

1. facing expensive litigation  during divorce settlements can add to the financial drain of the party. The prenup saves both the parties from expensive litigation.

2. A prenup can save both the parties from carrying on each other’s financial obligations post marriage.

3. The properties owned by the parties can be divided peacefully during divorce proceedings through a prenup. It reduces uncertainty of division of property at the time of separation.

4. The alimony or maintenance is not calculated by the Court but is decided by the parties in the prenup.

5. It reduces the chances of appeals in the court as both have already safeguarded their interest through the agreement

as there is rise Indian divorce litigation soon India could opt this law in future  



Friday, July 10, 2020

Guidelines & Law related to POLICE ENCOUNTER



Police Encounters are also known as Encounter killings" or "retaliatory killings" or "extra-judicial executions"



 . The defense given by Police to justify such encounters is that it was done or carried out in their own self defense. The defense of encounter killing is only available to Police. On the contrary private defense is available to all citizens to confront with situations of grave danger to their life. Indian Penal Code (IPC), contains provisions related to private defense (Sections 96 to 100).

SUPREME COURT , in "PUCL vs State of Maharashtra AIR 2014" laid down guidelines and standard procedure to investigate a Police encounter. The Guidelines which were laid down are as follows:

  1. Whenever any Police Department receives any substantial information or tip regarding any grave criminal offence it must always be recorded in written or electronic form. Although it must not contain the details of the alleged accused or his/her location.
  2. Investigations of such encounters should be done in a transparent manner. It could be done by an independent Criminal Investigation Department (CID) team or by a team of another Police station under the supervision of Senior Officer.
  3. Reports of all such encounters must without any delays should be sent to a Judicial Magistrate.
  4. It is the duty of Police officers to inform National or State Human Right Commissions as the case may of any such encounters.
  5. In such cases of encounters there should be no delay in sending First Information Report (FIR), panchnamas, and Police diary entries to the concerned court for investigation.
  6. The dependants of the accused/ criminal must be informed immediately of such encounter.
  7. In such cases of encounters a request for grant of compensation to the dependents of victim must applied as per the provisions of Section 357-A of the Code of Criminal Procedure.
  8. The Police officers who was involved in such encounters must surrender their weapon for forensic and ballistic examination.
  9. No promotional or gallantry awards must be given to the Police officers immediately after such encounters.
  10. If the dependents of the accused/criminal thinks fit that the above laid procedure has not been followed then they can file a complaint with the Sessions Judge.

Saturday, June 27, 2020

BLACK Lives Matter -CASE STUDY OF AFRICAN NATIONAL IN INDIA

  A Case was  taken up for hearing on 12-06-2020 at punjab & haryana high court through video conferencing due to the pandemic of COVID-19. 

Investigating  police officer had  to produce recovery memo and all other prima facie evidence collected by him, in the court. 

 while in court proceedings hon'ble justice RAJIV NARAIN RAINA  finds the term 'Nigro' used while referring to an African national in the challan papers ( charge sheet) presented  before the trial court in an NDPS case.  

Hon'ble court observes & orders

 This is a highly offensive word across the globe and no one has any business to use it, and much less the police. Hence, it is directed never to use the unprintable word in any police document including in challans(charge sheet) or anywhere else on case papers including in investigation reports. This brings shame to India and hatred for the country. The police appears to have assumed that every black is a drug peddler and should be treated as such. This is terrible thinking. 

5. The Director General of Police, Punjab is requested to consider the entire issue and notify instructions in this regard to the police force calling upon them never to use the offensive term 'nigro' orCRM-M-13502-2020 2 'negro' while referring to “black” persons in case papers. They deserve the dignity and respect in a foreign land as visitors or students in India from Africa temporarily living in our country, which prides itself of many peoples of all colours of the skin ranging from white to black and aboriginal. This has nothing to do with investigation or crime.

 6. Therefore, the investigating officers and the police officials that record FIRs be immediately sensitized and warned on the issue by ensuring that no person should be looked down upon on the basis of the colour of his/her skin. All Africans are our friends and when they come to India either as visitors or students they are our valuable guests and we should be reminded that India is rich in its traditions of 'mehman nawazi' and 'attithi sanskar/satkar' and prides itself on this. They should simply be referred to by the country of their origin in case papers.

 7. Mahatama Gandhi was politically nurtured in South Africa for two decades pioneering the apartheid movement and fighting against colour discrimination and for freedom against black laws as he did for ours in different ways in the freedom struggle, and he counted many friends from amongst those people. Let us follow that inspiring precept and pay due respect to each other and other people. We are, professedly, a tolerant sub-continent of “browns” in all its shades, but more often than not, display a perverted and primitive mind-set looking down on others without looking within ourselves. For many centuries we have been slaves. Freedom does not lend its wings to our countrymen to flyanywhere they wish and in any manner they like and abuse foreigners on the street calling them 'kalla'. To the contrary, freedom teaches love for human dignity and respect for fellowman.

 8. This aspect needs to be corrected by sanction of the law by ordering strict action against the policemen who indulge in this character assassination based on physical features, investigation of crime apart, investigation which should be non-aggressive in the search for truth and commission of cognizable offences. This is socially unacceptable but what can one expect from an uneducated and insensitive constabulary, as in this case. The pernicious practice should be stopped forthwith and the police commanded on pain of disciplinary action never to address anyone by that description, forget about writing it down in official papers of permanent State record. . 

ABOVE WRITTEN IS COURT'S ORDER& OBSERVATION .WHAT ABOUT GENERAL PUBLIC? IS SOCIETY  AWARE OF WORD NIGRO ? IS SOCIETY  READY TO GIVE EQUAL RESPECT TO EACH & EVERY MEMBER OF SOCIETY ?
LETS TAKE PLEDGE TO REMOVE THIS EVIL OF SOCIETY LETS PLEDGE TO RESPECT EACH & EVERYONE IRRESPECTIVE  OF CAST ,COLOUR & RELIGION 
REGARDS : SHASHIVEER SHARMA ADV.


..

Sunday, May 31, 2020

Trial of Saheed Bhagat Singh (a case that you should know )

Bhagat Singh At the age of 23, Bhagat Singh was hanged on 23 March 1931 along with revolutionaries Rajguru and Sukhdev.





Now, it has surfaced that his sentence was pronounced by the court, which did not have the approval of the legislature for its constitution. The death warrant issued for Bhagat Singh, Sukhdev and Rajguru was invalid. And, the trial violated the principle of natural justice.

WHY BHAGAT SINGH FACED TRAIL ?


Bhagat Singh and Batukeshwar Dutt threw bombs in the Central Legislative Assembly on 8 April 1929 in protest against the  Public Safety Bill. He also threw out some handwritten sheets to illustrate his demands.

It was a low-intensity bomb that was not intended to kill or injure any member of the Legislative Assembly. As soon as the explosion occurred, Bhagat Singh and BK Dutt stood there and later surrendered themselves to the police.

The trial began on 7 May before the British Magistrate BP Pool. Bhagat Singh and BK Dutt were represented by Advocate  Asif Ali, a member of the Indian National Congress, while public prosecutor Rai Bahadur was Suryanarayana. Stating that Bhagat Singh and BK Dutt "hurled bombs with the intent to kill or injure King Majesty's subjects", the judge framed the charges and presented the two revolutionaries to the Sessions Court under British Judge Leonard Middleton.

Some of the questions asked in court were:

Judge: ‘Were you present in the Assembly on the 8th of April, 1929?”

Bhagat Singh: ‘As far as this case is concerned, I feel no necessity to make a statement at this stage. When I do, I will make the statement.”

Judge: ‘When you arrived in the court, you shouted, “Long Live Revolution!”. What do you mean by it?’
then asif ali lawyer  of bhagat singh objected the question  and objection was sustained 



The two revolutionaries refused to cooperate in the trial, sparked by a false allegation by the police that Bhagat Singh opened fire in the Legislative Assembly. Bhagat Singh carried the pistol to the Central Hall but at the time of his arrest he handed it over to the police. Despite this, the court convicted him and sentenced him to life (14 years).


ANOTHER TRAIL FACED BY BHAGAT SINGH( LAHORE CONSPIRACY CASE)


But the British government was not satisfied with this alone. Bhagat Singh was linked to another case - the murder of British police officer John P. Saunders and head constable Chanan Singh. The police found their case based on similarities in the handwriting of leaflets thrown by Bhagat Singh in the Assembly Chamber and those found after the killing of Saunders at various places in Lahore.

This case is known as Lahore Conspiracy Case. Bhagat Singh, Sukhdev and Rajguru were prosecuted for the murder of Sanders and Chanan Singh. The trial in the Lahore Conspiracy Case started in Borstal Jail and was heard by first class Magistrate Pandit Shri Kishan, who was later conferred the title of Rai Sahab by the British Government.

HUNGER STRIKE IN JAIL BY BHAGAT SINGH, 



Kureh Khak hai Gardash main Tapash si Meri , Main Voh majnu huan Jo Jindan main Bhee Azad Raha sher written by -Saheed Baghat Singh in jailgh in jail

Meanwhile, Bhagat Singh and his colleagues started a hunger strike to protest the prisoners' living conditions in the jail. He and other revolutionaries refused to cooperate with the trial, which did not progress much after the framing of charges against him, despite the fabricated witnesses, the accused-confessors and the evidence leveled.

The British government was losing patience as Bhagat Singh's popularity was increasing despite being in prison. On May 1, 1930, Viceroy Lord Irwin promised an ordinance to set up a special tribunal to conduct the hearing of the Lahore Conspiracy Case.

On 7 October, three weeks before its term ended, the tribunal convicted Bhagat Singh, Sukhdev and Rajguru for the murder of Saunders and Chanan Singh.


WHY CONVICTION WAS ILLEGAL 


The entire case against Bhagat Singh was flawed. The FIR lodged in the murder of Saunders did not name the "two unknown" accused. Bhagat Singh was not named as an accused or suspect in the FIR. Even later his name was not added. It was only after the trial in the bomb case started that the British police linked him to the Lahore conspiracy case.

The ordinance that was brought to set up a tribunal to hear the Lahore Conspiracy Case never got the legislature's approval. Its period expired after the tribunal convicted Bhagat Singh. Under the provisions of the 1935 Act, an ordinance was required to procure the approval of the legislature.

The death warrant issued by the tribunal expired before being executed by Bhagat Singh, Sukhdev and Rajguru. The death warrant on which they were executed was not issued by the trial court, as the ordinance ended in its existence and did not receive legislative approval. Under the law, only the trial court was empowered to issue a death warrant. The death warrant thus issued and executed was invalid.


The trial against Bhagat Singh, Sukhdev and Rajguru declined the natural principle of justice. The accused were never presented before the tribunal. His defense was not heard. The defense counsel was not allowed to cross-examine approximately 450 prosecution witnesses. Only those witnesses who were allowed to cross-examine by defense counsel



Wednesday, May 20, 2020

A LAW THAT EVERY WORKING WOMAN SHOULD KNOW (Sexual Harassment At Workplace)

Sexual Harassment At Workplace 


usually one approach the court for own interest but there are some case which were beneficiary for   the whole nation. out of those cases one case was banwari devi case or vishakha case. this case forced Indian parliament pass the law against sexual harassment  at workplace .
  BUT Prior to the Visakha Guidelines, the workplace was dangerous for many women, especially in the case of sexual harassment. In 1992, Bhanwari Devi was gang-raped by upper caste men in her village as she tried to raise her voice against child marriage. Her vagina  swab was taken from her body 48 hours after the incident due to gross negligence. Ideally, this should be done within 24 hours. Shockingly, the judge presiding over his case (this was the seventh judge after the six others were removed) acquitted the accused, even stating, "Since the perpetrators were upper caste men , so rape could not happen. " This happened because Bhanwari was from a lower caste. After the acquittal over the acquittal, Visakha and some other women's groups filed a public interest litigation against the state of Rajasthan and the Union of India, forcing the latter to adopt Visakha guidelines, which now protect the working Women all over the country.

The Supreme Court had  made it compulsory for every state, union territory and regulatory body to implement a legal mechanism for implementing the guidelines issued in the 'Visakha' case, allowing employers to prevent sexual harassment. To realize and ensure this. Women at their workplaces.

A three-judge bench of the Supreme Court clarified that the guidelines issued in the Visakha case should be implemented not only in form but also in substance to ensure a safe and secure place and environment for a woman. Could. His workplace. The bench also states that there is a lack of a law and proper mechanism to address complaints of sexual harassment of women, such as women doctors / nurses or architects and even domestic workers and in other cases, because often Women are victims of sexual harassment. Often reluctant to accept it due to some social stigma / fanaticism, they think that it affects their dignity and respect in society.

Sexual harassment at workplaces is an expression of the continuing gender discrimination in society that is rarely recognized. The bench has also stated that if there exists a case for modifying old acts and bringing in new laws to protect women from indecency, humiliation and humiliation occurring in their workplaces, homes and other places, it would certainly Will react To educate girls and women in all fields and protect them from violence in all forms (eg domestic violence, sexual harassment at work); latter on  law was enacted by the Parliament namely Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 .


KNOW THE EXACT LAW OF SEXUAL HARASSMENT



Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013


 WHAT IS SEXUAL HARASSMENT AS PER LAW?
AS PER LAW OF 2013 SEXUAL HARASSMENT INCLUDES:
  • .Sexually suggestive remarks or innuendos; serious or repeated offensive remarks; .inappropriate questions or remarks about a person’s sex life
  • .Display of sexist or offensive pictures, posters, MMS, SMS, WhatsApp, or emails
  • Intimidation, threats, blackmail around sexual favours; also, threats, intimidation or retaliation against an employee who speaks up about these
  • Unwelcome social invitations with sexual overtones, commonly seen as flirting
  • Unwelcome sexual advances
According to the LAW, “unwelcome behaviour” is experienced when the victim feels bad or powerless; it causes anger/sadness or negative self-esteem. It adds unwelcome behaviour is one which is “illegal, demeaning, invading, one-sided and power based”.
The Act specifies five circumstances that amount to sexual harassment. These are:
  • Implied or explicit promise of preferential treatment in her employment
  • Implied or explicit threat of detrimental treatment
  • Implied or explicit threat about her present or future employment status
  •  Interference with her work or creating an offensive or hostile work environment
  • Humiliating treatment likely to affect her health or safety.

Who is an ‘aggrieved woman’ as per the Act?

According to the Handbook on Sexual Harassment of Women at Workplace, the Act recognises the right of every woman to a safe and secure workplace environment “irrespective of her age or employment/work status”. Any woman coming to any workplace “whether in the capacity of regular, temporary, adhoc, or daily wages basis” is protected under the Act.
It further says such women can be “engaged directly or through an agent including a contractor, with or without the knowledge of the principal employer”; they may be working for remuneration, or on a voluntary basis, a contract worker, probationer, trainee, apprentice, or called by any other such name.
The identity of the woman, respondent, witness, any information on the inquiry, recommendation and action taken, cannot be made public, as per the Act.

How to file a complaint of sexual harassment at workplace?

The 2013 Act says the aggrieved woman may make, in writing, a complaint of sexual harassment. However, a written complaint is not mandatory. If she cannot give a written complaint, the Act says, any member of the ICC “shall” render “all reasonable assistance” to her for facilitating it. Also, if the woman is unable to make a complaint citing “physical or mental incapacity or death or otherwise”, her legal heir may do so.

Time-frame for making a complaint to ICC

According to the Act, the complaint of sexual harassment has to be made “within three months from the date of the incident”. If such incidents have taken place over a time, the complaint should be made within three months from the date of the last incident. However, the ICC has the discretion to “extend the time limit” if “it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period”. The ICC needs to record these reasons to exercise the right.
after a complaint is made?
Once a complaint is made, the ICC can offer conciliation under Section 10 of the Act. Before starting an inquiry, the ICC may “at the request of the aggrieved woman, take steps to settle the matter between her and the respondent though conciliation”. It is to be seen, however, that “no monetary settlement shall be made as a basis of conciliation”.
If conciliation is not an option, the ICC may straightaway forward the complaint to the police under RELEVANT SECTIONS OF IPC (word, gesture or act intended to insult the modesty of a woman) . Or, it can start its own inquiry and complete it within 90 days.
Enjoying powers similar to those of a civil court, the ICC can summon and examine any person on oath, can ask for production of related documents before it. During the inquiry, if the woman makes a written request, the ICC “may” also recommend her transfer, a three-month leave, or any other relief it deems fit. Once the inquiry is over, the ICC is to provide a report to the employer within 10 days, making available a copy of it to the victim too.

What happens after the ICC report?

If the ICC finds the allegations true, it will recommend to the company to take action against the accused for misconduct “in accordance with the provisions of the service rules”. In case the company does not have service rules, the recommended action may include disciplinary action, including a written apology, reprimand, warning, censure; withholding promotion/ pay raise/ increment; termination of service; counselling; community service.
The ICC can also recommend financial damages to the complainant. The amount can be decided taking into consideration “mental trauma, pain, suffering and emotional distress caused”, medical expenses incurred, loss of career opportunity, and income and financial status of the respondent.
Once the ICC furnishes its recommendations, the aggrieved woman or the respondent can challenge the report in a court of law within 90 days.

What happens to the ‘victim’ if her complaint is found to be false?

Section 14 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act deals with false complainant. If the ICC finds the complaint to be false, the Act says, it may recommend action against the woman or the person who has made the complaint. The Act, however, makes it clear that “a mere inability to substantiate a complaint or provide adequate proof need not attract legal action. Also, no action can be recommended against the complainant unless an inquiry establishes malicious intent on part of the complainant.

Thursday, May 14, 2020

When just 5 paise can let you fight a legal battle for 41 years



The 5 paise coin had been out of circulation for decades. But this is exactly the amount on which 73-year-old Ranveer Singh Yadav has been fighting the case for more than 40 years. Lakhs of rupees have been spent over the years by both parties as legal fees, with the Delhi Transport Corporation as the complainant.

Back in 1973, Mr. Yadav worked as the conductor of the DTC bus. The charge against him was that he charged a female passenger 15 paise, gave her a ticket of 10 paise and gave an additional 5 rupees.Following an allegation of investigating the employees on the bus, an internal investigation took place and in 1976 he was dismissed.Although Mr. Yadav won a case in Labor Court in 1990, in which his dismissal was illegal, the transport body appealed the following year. Till now, it was Rs. 47,000 to contest the case.


Mr. Yadav said that my children also used to ask me if I cheated. "I will be in pain to convince those I have not cheated ... other people go on pilgrimage, I am going to court."

When the High Court rejected the DTC's petition in January this year, it allowed the transport body to pay Rs. 30,000 to Mr. Yadav. The court ruled that CPF should be paid a gratuity of Rs 22 lakh and another Rs 37 lakh as CPF.

During the hearing, the court asked the DTC how many lakhs have been spent on litigation to recover 5 paise.

"There is a case where the defendant has been fighting a long battle with the DTC for more than 40 years and has not reaped the fruit despite winning the case in the Labor Court and High Court," the court said. said.

Mr. Yadav's wife Vimala said, "Whether the case is of 5 paise or 2 paise, the way we have been punished for it is lakhs of rupees. Even the currency has disappeared, but We are still stranded. "

The High Court had asked DTC to pay Yadav a gratuity of 6 lakhs and other benefits and said, "Here is a case where the defendant has been fighting a long battle with DTC for more than 41 years And despite winning the case in Labor court. Court, he has not been able to cut the fruits. "

Here a legal maxim is fully enforced "Justice delayed is justice denied" Ranveer Singh Yadav has spent 41 years of his life to prove that he has not cheated anyone for 5 paise. And the value of that 5 paise was given to him for 41 years of life and legal battle of millions of rupees. .

Saturday, May 9, 2020

जब एक मृत व्यक्ति ने राजीव गांधी विरुद्ध चुनाव लड़ा WHEN A DEAD MAN STOOD IN ELECTION AGAINST RAJIV GANDHI (FORMER PRIME MINISTER OF INDIA) LAL BIHARI CASE

 Lal Bihari has spent a significant part of his adult life being dead on paper. In fact he grew so used to his expired identity that he became known as Lal Bihari “Mritak” – “dead man.” In his village of Amilo, Uttar Pradesh, people on the streets simply call him “Mritak.”(dead man)

Bihari is not the only mritak. He is among the thousands who have been unlawfully registered as dead in government records by their relatives in order to capture their land and property. This often happens with the connivance of local officials.

Bihari fought for 18 years and managed to reclaim his identity in 1994. His fight hasn’t stopped. He became a full time activist to help those who face the same plight that he did – being stripped of an identity and land rights.

when Lal Bihari was 22 years old  went to a bank for loan against his ancestral property that initially belong to his father, is been told that is dead according to records and the land belongs to his uncle. This may sound odd to many but this had happened in one of villages of Azamgarh district, Uttar Pradesh. In 1977, when Lal Bihari (born in 1955) went approached the bank for loan, he has been declared dead over a year by the official sitting there. To regain his identity, Lal Bihari had to fight many odds and finally after 18years of struggle the court gave him his life back on paper. According to the government’s RTI responses to petitions filed by Bihari – the other was in 2008 and indicated that 335 dead people had been declared “alive” – over 500 people have been recognised as living individuals.

Acrimony and greed led members of same family declaring the other person dead so as to acquire the land and unscrupulous work by the lekpal (low-level bureaucrat) in maintaining the record books devoid a living person of Right to Life. This case brought into five major citation, those are, The Protection of Human Rights Act, 1993;The Indian Penal Code; Article 21 in The Constitution Of India 1949;Section 36 in The Protection of Human Rights Act, 1993;Section 14 in The Protection of Human Rights Act, 1993.

The chronology of events in Lal bihari case

Lal Bihari took 18 years to get his identity back.
Phase 1
Lal Bihari approaches his birthplace Khalilabad for residence, income and caste certificates as He needed them to get a bank loan for his handloom business. On his arrival at the tehsildar’s office, he came to know that he has been dead since 30th July, 1976. His relatives had bribed the khatuni (record keeper) to declare him dead on the official papers and transfer one-fifths of the land to them. Shocked and shattered with the news, he started a new phase of life, which was regaining his identity.
Phase 2
Lal Bihari kidnapped his nephew and sent his shirt drenched with animals blood available at butcher’s shop. But he let the child go to his parents when didn’t register any case against him. If nephew’s parents would have registered a case against him then he would had a proof of his identity. After his nephew returned home, an article appeared in a regional newspaper called Swatantra Bharat and after hearing upon the news an MLA raised a question in the UP Assembly.
Phase 3
Lal Bihari got married at a young age, and applied for a widow pension for his wife hoping the government would rectify the mistake upon seeing him alive, but this also went in vain.
Phase 4
At this point Lal Bihari started to give when a politician named Shyam Lal appeared as a Guru to him and advised him to openly call him “Mritak”, as the passerby made fun of his identity and cracked joke on his situation. This idea appealed him so much so that he started the Mritak Sangh, an association of the living dead. But there was one problem: it had no members except him.
Phase 5
As the drama spurred at the Assembly, Lal Bihari sat on dharnas outside the Assemby in Lucknow. And finally got a visitor pass to enter the assembly, and heroically stood up from his place and sang the slogan of “Mujhe zinda karo” while the assembly was in session. He had to be thrown out of the assembly. He even bribed a police officer with 500 Rupees to register a case against him but it went into vain.
Phase 6
 Lal Bihari sold his property to contest the 1988 Lok Sabha election from Allahabad against former Prime Minister VP Singh.Surprising even himself, he got about 1,600 votes. In 1989, he filed nomination papers against Rajiv Gandhi in Amethi and then promptly filed an application for countermanding the election, as he was dead. It was not countermanded, of course, but he got written about. In 1994, finally he was declared alive and got his identity back.
Now Mritak Sangh is a popular community, which helps other people like Lal Bihari to earn justice who have been declared dead by the family members in lure of property.

NOBEL PRIZE IN Peace – Presented to Lal Bihari, of Uttar Pradesh, India, for a triple accomplishment: First, for leading an active life even though he has been declared ,Legally dead; Second, to carry out a lively posthumous campaign against bureaucratic inertia and greedy relatives; And third, to form the Association of Dead People. Lal Bihari overcame the barrier of being dead, and managed to obtain a passport from the Government of India so that he could travel to Harvard and accept his award. However, the US government refused to allow them into the country. His friend Madhu Kapoor therefore came to the IG Nobel function and accepted the award on behalf of Lal Bihari. Several weeks later, Lal Bihari was presented the award at a special ceremony in India.


you can learn so many lessons from Lal Bihari's struggle but one thing you should learn that you cannot get everything in your life easily but you can get for sure what you deserves  if you are strong enough to fight with odd's in you life   

you can learn so many lessons from Lal Bihari's struggle but one thing you should learn that you cannot get everything in your life easily but you can get for sure what you deserves  if you are strong enough to fight with odd's in you life