Kafka's The Trial: An Analysis Of The Current Indian Legal Atmosphere
- IJLLR Journal
- Feb 19, 2022
- 2 min read
Anjney Mital, B.A. LLB., Symbiosis Law School, Hyderabad
ABSTRACT
The current Indian legal atmosphere is hailed by many to be one of the most draconian in the post-colonial period of India's lineage. Barring the period of emergency during Indira Gandhi's reign, the Indian legislature has never quite attracted the notoriety like the one that the current legislature enjoys. The India of 2021 is one where human rights groups, like Amnesty International and Human Rights Watch plead to stop brazen violations of internationally recognized human rights conventions many of which are caused by arbitrarily detaining numerous concerned citizens under vague laws, the nature of which is known only to the enforcers. To not draw a parallel to Josef K's predicament would be letting down Kafka's legacy. In the novel The Trial, Josef K. finds himself at the centre of an inhumane, vague, and cruel justice system which places him under arrest, the cause of which is unknown to him and the reader. Instead, Josef is repeatedly verbally reprimanded for asking their cause. While he was under arrest, he was free to travel, go about his business and live as he did, but under the shade of the entire might of the regime stalking. When Josef decides to approach the system head-on, he is greeted by the full might of judges, police officers, advocates devoid of any humanity, and morally bankrupt. Josef K. is mysteriously murdered.
This research paper aims to focus on the Indian legal system's rise in cases of arbitrary detentions, passing of vaguely worded laws through undemocratic means and an increasing amount of infamy that the current regime has gained for its authoritarian means of governance. It seeks to throw light on the predicament of the lakhs of people who have been crowned Josef K., especially in conflict-ridden places like Jammu & Kashmir. The researcher will rely primarily on credible reports, articles and accounts of grave human rights violations and contrast them to Kafka's The Trial.
