A Comparative Study Of Safeguards Available To Arrested Persons Then And Now

A Comparative Study Of Safeguards Available To Arrested Persons Then And Now With Reference To: The Trial

Sweta Basu, BA LLB, Symbiosis Law School, Hyderabad

ABSTRACT

The Trial, is a novel written by the German writer and playwright Franz Kafka which provides the readers with a glimpse to a legal system where persons under arrest or the suspected person is not given any legal safeguards. Kafka starts his novel with a scene where the protagonist, Joseph K is lying in bed one morning when he asks for the landlady for his breakfast. On opening the door he finds a mysterious man named Willem. Upon being asked as to his identity Willem tells the protagonist that he is under arrest. Joseph then is directed to a trial so as to determine his punishment and deliver justice to him. One thing that is unique to this novel is that, Joseph does not know the reason of his arrest and to the last of the story he remains unaware of the offence committed by him even when he is given a death sentence and his life taken away. The story in itself is a classic example for the need of legal safeguards to be provided to persons under custody and the importance of the same not to mention that the story also brings to light a corrupt and sinister judicial system. This research article will thus focus on the legal safeguards that were available to convicted persons earlier comparing it with the protections available at present in India. The methodology used in this research will be comparative analysis to reflect the need for protections to arrested persons and how it has changed over time.

Keywords: legal safeguards, arrested persons, rights, judicial system, corruption