RAJIV GANDHI

NATIONAL UNIVERSITY OF LAW

TORTS PROJECT
RIGHT TO PRIVATE AND CIVIL DEFENSE IN
INDIA

SUBMITTED BY- SUBMITTED TO-

Bhava Sharma Mrs. Sangeeta Taak

1st year B.A LLB (hons) Assistant Professor of Law

Section-B

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Roll no-17108

ACKNOWLEDGEMENT

I would like to express my gratitude to my teacher Mrs. Sangeeta Taak ma’am for playing
an instrumental role in my project and guiding me in times of difficulties. This project
helped me a lot in knowing the nuances of doing research. I would also like to thank the
google who assisted in finding the appropriate information for my project and also in
collecting the relevant data that was vital for my project.

Bhava Sharma

(17108)

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CONTENTS

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 CERTIFICATE

This is to certify that the project entitled: Right to private and civil defenses in India has
been prepared and well researched upon by the bona fide student Bhava Sharma, 1 st year
B.A LLB (Hons) of Rajiv Gandhi National University of Law under the supervision of
Mrs.Sangeeta Taak , Assistant Professor of Law.

___________________

Mrs.Sangeeta Taak

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1. INTRODUCTION

The Trial

Franz Kafka was a German novelist and short story writer. He is considered as one of the
most renowned authors of the 20th century.

‘The Trial’ is a novel by the German novelist Kafka which was written between 1914-
1915 and was finally published in 1925. It is one of Kafka’s best novels and is known by
the name of Der Process or Der Proceß in German. The novel was left unfinished due to
Kafka’s sudden death. After studying law at the University of Prague, he worked in
insurance and wrote in the evenings. In 1923, he moved to Berlin to focus on writing, but
died of tuberculosis shortly after. His friend Max Brod published most of his work
posthumously, such as Amerika and The Castle.

Background

Life of Franz Kaka

Born on July 3, 1883, in Prague, capital of what is now the Czech Republic, writer Franz
Kafka grew up in an upper middle-class Jewish family. After studying law at the
University of Prague, he worked in insurance and wrote in the evenings. In 1923, he
moved to Berlin to focus on writing, but died of tuberculosis shortly after. His friend Max
Brod published most of his work posthumously, such as Amerika and The Castle.

Franz Kafka was the eldest son of an upper middle-class Jewish family who was born on
July 3, 1883, in Prague, the capital of Bohemia, a kingdom that was a part of the Austro-
Hungarian Empire.

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Tragedy shaped the Kafka home. Franz’s two younger brothers, Georg and Heinrich, died
in infancy by the time Kafka was 6, leaving the boy the only son in a family that included
three daughters (all of whom would later die in Nazi death camps or a Polish ghetto).

Kafka had a difficult relationship with both of his parents. His mother, Julie, was a
devoted homemaker who lacked the intellectual depth to understand her son’s dreams to
become a writer. Kafka’s father, Hermann, had a forceful personality that often
overwhelmed the Kafka home. He was a success in business, making his living retailing
men’s and women’s clothes.

Kafka’s father had a profound impact on both Kafka’s life and writing. He was a tyrant of
sorts, with a wicked temper and little appreciation for his son’s creative side. Much of
Kafka’s personal struggles, in romance and other relationships, came, he believed, in part
from his complicated relationship with his father. In his literature, Kafka’s characters were
often coming up against an overbearing power of some kind, one that could easily break
the will of men and destroy their sense of self-worth. Kafka lived for his entire life closely
with his parents.

Historical context of the Book “The Trial”

‘The Trial’ is one of the most famous masterpieces of Franz Kafka. Kafka wrote it in
1914-15 and it was finally published in 1925 after his death.

Kafka had requested his close friend Max Brod to destroy all his works but due to some
reasons Brod didn’t consider his request and published most of his works including ‘The
Trial’ posthumously. Almost simultaneously with “In the Penal Colony,” Kafka began to
write The Trial in the summer of 1914, a date which has unfortunately convinced many
people that the novel is primarily a work of political terror. Of course, he was painfully
aware of the interconnections between World War I and his own problems, but the novel
was in no sense a deliberate effort to highlight the political scene of that time.

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The events and the characters described in the novel are very similar to those which were
present in the life of Franz Kafka. The initials of Fräulein Bürstner resemble that of
Kafka’s partner Felice Bauer with whom he had a strained relationship for two years.
Similarly at one instance, K. is asked to dress up for the occasion, strangers are watching,
and the bank employees he knows are present; at Kafka’s engagement, both friends and
strangers were present — an aspect which the reserved Kafka abhorred particularly. So in
essence it can be conclude that the events happening during the course of the novel are
very similar to those which happened in Kafka’s life and he describes them in the form of
words. He took great pains to record his emotional upheaval during his lifetime in the
form of ‘The Trial’.

2. PLOT AND CHARACTERS

PLOT

The story is about a chief bank clerk Joseph.K who is arrested one day by two officials
known as warders and the day he is arrested is actually his thirtieth birthday. The
bounding amazement in the story is that K doesn’t seem to remember any crime for which
he could be arrested but at later stages is sure that the reason for his arrest may be a
transaction at the bank. The most unusual aspect is that K is under arrest yet he is allowed
to carry on his daily activities.

K believes that his bank is behind the charges as the officials are accompanied by his three
coworkers from his bank. He also thinks that has something to do with Fräulein Bürstner
since the officials came through her room and moreover the senior official summoned K
in her room.

He doesn’t want Fräulein Bürstner to think badly of him since he likes her. So he meets
with her and explains everything that took place in the morning and the conversation ends
with him kissing her.

Eventually K’s uncle finds about his charge and explains to him that he should take his
case very seriously as it is a criminal charge and that it might have some serious
repercussions. So his uncle hires a very senior and influential lawyer, Dr. Huld.

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The story deals with how K struggles and fights against the courts and the system in vain.
He tries to take the assistance of different characters of the novel like the Painter Titorelli,
the manufacturer, Leni, the washerwoman. Either way, even though the law should be
accessible to anyone, instead, hapless Joseph is gradually devoured by an inhumane,
sluggish and faceless system, trapped in the logic of an absolutely vile Kafkaesque
nightmare and the certainty that he is bound to be found guilty.

Soon, depressed and fatigued by the continuous suffering at the hands of the legal system,
K begins to question his own sanity and wonders if he’d ever be able to get past this
prejudiced and loathsome system. The answer turns out to be NO. On the morning of his
thirtieth birthday, two officials in black suits visit K and take him to a deserted ground
where K sees a figure that’s witnessing K’s demise but can’t seem to figure his identity.
Finally, one of the man takes hold of K and the other stabs him in his heart and twists it
twice to make sure he doesn’t survive.

CHARACTERS

Joseph.K

He’s the protagonist of the novel. He works in a bank as the chief clerk and is very
ambitious with regard to his career. He struggles through the Judiciary system which is
very complex and seems out of his reach as he tries to understand it through various
means such as Titorelli, The Advocate and Block. He holds onto any little hope that may
help him with his case and continuously keeps doubting himself throughout the novel.

“I don’t know this law”

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This was exclaimed by K when he was arrested by the warders as K was in a state of
confusion as he couldn’t find out the reason for his arrest and the law which warders told
k. seemed unknown to him.

Fraulein Burstner

She is also a tenant of Frau Grubach and seems to play the role of love interest of K. as he
tries to contact her from time to time but the specific relationship they share is not clear as
in the end of their first meeting K. kisses her and she does not resist his actions and also
allows him in her room at late hours.

“No.no, I’m never angry with anybody.”

Fraulein Burstner makes this statement after K makes a lot of noise and awakens other
tenants which startles and scares Burstner but when K apologizes to her she makes this
statement displaying her submissive attitude towards K.

Frau Grubach

She is the landlady of K. She even declares him as her favorite tenant. She is the
proprietress of the lodging house in which K. lives. She holds K. in high esteem, despite
his arrest.

“I don’t really mean to say anything to the Fraulein yet of course I’ll wait to see
what happens before I do anything, you’re the only one I’ve spoken to, in
confidence”

Priest

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The Priest is a prison chaplain and is a part of the court. He tells K about the parable that
is written in the scriptures and cannot be altered in which a man tries to enter the path of
law but is stopped by a gatekeeper who tells the man that he can’t enter now but can go
inside in the future and that the gatekeepers inside the gate are even more powerful than
him. He gives the man a stool to sit and tells him to wait. In the end the men dies due old
age . The priest gives different interpretations of the story and tells K that he also belongs
to the court.

“You are considered guilty. Your case will probably not even go beyond a minor
court. Provisionally at least, your guilt is seen as proven.”

The priest makes these comments in the cathedral and it shows that priest is aware of the
fate of K. Priest remains kind to K but gets angry when K questions or criticizes the courts
in front of him.

Elsa

She is K’s girlfriend but does not appear in the novel. K mentions that he pays her a
regular visit but tells us that she works as a cabaret waitress and also engages in sexual
activities for money.

Dr.Huld

K hires him as his uncle is a close associate of Dr. Huld. He is a very old man and suffers
from some kind of heart disease. He is fired by K as K realizes that Huld isn’t helping the
case and it will be better for him to do it himself. He seems to have connections with the
court and keeps on dragging the cases of hi clients for example that of Block but K
ultimately fires him and is executed within a year of that.

Block

He’s a client of Dr.Huld. He tells K about how he has hired more than one lawyer and has
five lawyers and talks about his own case. K at the beginning mistakes him to be a lover of

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Leni. He shows his erratic temperament when he is ordered by The Advocate to come into
his room.

Uncle Karl

He is K’s uncle and seems to be concerned a lot about K. In later stages it seems that the
Uncle is more interested in the name of the family and the problems they would face due
to k’s case.

“And you sit quietly here while you’ve got a criminal trial round your neck?”

Leni

Leni is Dr. Huld’s nurse. It is clarified in the novel that she finds accused men irresistible
and makes them her lovers. She also has a short relationship or a kind of fling with K.
when Huld is his lawyer.

Fräulein Montag

Fräulein Bürstner's friend who moves in with her and at the request of Ms. Burstner
conveys her message to K.

Titorelli

He’s the court painter, a position he inherited from his father. He already knows about
K’s case and offers to help him. He is the only one to tell K. about the nature of the Court
he is up against.

Willem and Franz

They are the officials who arrest K. They are punished severely by the whipper. They are
dishonest and of impugned characters and it is also indicated that they receive their
punishments because of the complaint of K.

Manufacturer

He tells K about Titorelli who might help in his case.

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“He’s a charming man, your deputy director he’s got his dangers, though.”

The manufacturer makes this statement when he is ignored by K but is attended by the
manager who is the subject of K’s suspicions. The manufacturer makes this statement to
K.

3. SYMBOLS, MOTIFS AND THEMES OF THE NOVEL

THEMES: Themes are the fundamental and often universal ideas explored in a
literary work.

There are various themes in the novel such as:

Ambiguity

The reader is left to his own imagination to create his own idea of the highest authority
which nobody knows of in the novel yet many people come along giving their own
definitions of the justice so that K can win his case or atleast prolong its duration.
Tittorelli claims that if K. is innocent then he has nothing to worry about and goes him to
tell about three ways in which men can get out of their cases alive.

Unquestionable Authority

‘The Trial’ is often considered as a critique to the totalitarianism, a form of government

where the supreme authority has the absolute power. In this form, the government is not
accountable to its citizens and it can do anything with its own discretion. The story of K
has been seen as a reference to the Nazi Germany, Fascist Italy or soviet Russia. It tells
how K fights against the omnipotent courts and judges against which winning is almost
impossible.

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 Oppression

It is believed that the book was written during a totalitarian regime and oppression was
spart of daily routine and people were arrested for their thoughts thus the idea of
oppression emanates from kafka’s book. The will of the individual is quashed and he is
supposed to follow the words laid down as said by the priest when he tells him that the
scriptures are not disputable.

Loneliness and Despair

One of the major themes of the novel is ‘isolation’. It elucidates the individual’s feeling
of isolation, despair and anxiety. The experience of a trial leads to self-consciousness on
the part of Joseph.K which is accompanied by negative feelings of inferiority, insecurity,
and paranoia.

MOTIFS: Motifs are recurring structures, contrasts, or literary devices

that can help to develop and inform the text’s major themes.

1. Tittorelli’s paintings of judges and other portraits of judges

The paintings and the portraits potray the system in which no one really knows what the
highest authority looks like and the portraits of judges are an example of that.In the first
occurrence of a portrait the throne is made up of discarded materials and is not really a
throne and in Tittorellis paintings, the judges are painted as per their own wishes and
however way they please.

2. Unknown system of Justice

It is during the course of the novel that Kafka shows that it’s impossible to escape from the
influence of courts and judges. Every character in the story is somehow related to the court

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be it the painter Titorelli or the Priest who narrates the parable to K. Kafka has also
repeatedly emphasized on the huge status of judges. How even the judges of the lower
courts are very powerful and the judges of the higher courts hold even more power than
them.

4. EXPOSITION (ROLE OF LAW)

The novel ‘The trial’ by Franz Kafka is related to law in its essence since the beginning of
the novel. One fine morning K is suddenly arrested but not put in chains and carries out
his daily activities like a normal man but people somehow come to know that he is an
accused man. K throughout the novel is subjected under the pressure of his case but
encounters the court only once and the highest authority is all powerful and elusive to the
common man. The title is apt for the story as K since the beginning of his case is subjected
to a continuous trial as it seems he

In Kafka’s vision of law, Law is such an abstract ideal that it can have nothing to do with
the ordinary lives of human beings an is out of reach for the common people. Kafka’s
theme of law is uncertainty as Law is supposed to be just but at the same time
paradoxically it has been corrupted by the courts which is required to carry out law. In the
Kafkaesque view of law, the qualities of law are paradoxical and this is made evident in
the parable given by the priest in the chapter “The cathedral”.

The parable at the first glance seems simple and mysterious.  The plot is so self-evident
that it apparently defies further explanation.  It involves a man trying in vain to gain the
desired entrance; he spends the rest of his life waiting for permission which is never
granted.  But although the action is logical, its setting is not at all identical with our
reality.  Nor do we recognize the characters.  The man from the country has been
narrowed to the personification of a persistent desire, the doorkeeper is limited to the

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function of an obstacle, the identity of the Law remains hidden.  However, once we accept
the kind of reality defined by these limitations, the narrative poses no problem.  Yet it is
obviously intended to be a parable.  This is suggested by its very position in the context of
the Trial.  Some technical devices characteristic of a parable are easily recognized (e.g.,
the absence of proper names, the concentration of the plot).  Although the details of the
plot are self-explanatory the story as a whole certainly calls for interpretation in the same
way as most of Kafkas’s works are allegories.

5. CRITICAL APPRAISAL

“Someone must have been telling lies about Josef K., because he had done
nothing wrong, but one day he was arrested.”

These are the beginning lines of Kafka’s novel “The Trial” and the answer to whether he
was innocent or what his crime was not answered till the end of the book and remains one
of the most complex books of all time. The parable in the chapter “The Cathedral” is mind
boggling for the reader and has to be re-read to get the idea of Kafka’s nightmarish view
of the law that is forever out of the grasp.

‘The Trial’ poses more questions than it answers. What is the trial? Why so many
characters are never heard from again? And who is that mysterious figure at the end of the
novel that witnesses K's fate?

There are so many questions but no answers to any of them and we’ll have to remain
contend thinking that even K didn’t knew about any of the things happening to him. In the
book, Kafka presents his views on the legal system, futility of human existence and
feelings of anxiety, isolation and alienation from the society. It prompts the readers to
think about the corrupt legal system and societal roles.

The Trial is deeply thought-provoking in its uncomfortable presentation of a world where

people are observed by secret police and suddenly arrested, reflecting the social turmoil in
Europe around the time Kafka wrote it in 1914. There are striking parallels to Orwell's
1984 where the protagonist is observed constantly and people are punished by the

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totalitarian state for actions which seem harmless, such as 'thought-crime'. As such, fans of
fiction which presents a disturbingly realistic alternative world ruled by oppression would
enjoy The Trial. While the plot itself is rather slow – as K. simply discovers more about
the trial process, rather than enacting a fast-paced adventure scheme to overthrow the
court – it is worth reading for the important and interesting concepts Kafka raises and
plunges the reader into the world of what is kakaesque.

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