Latest news with #FranzKafka
Yahoo
05-06-2025
- Politics
- Yahoo
Judge cites Kafka in giving Venezuelans held in El Salvador chance to challenge removal
When a judge starts a lengthy ruling by quoting from Franz Kafka's 'The Trial,' a novel associated with an absurd legal ordeal, that could be a bad sign for the government. And so it was, in the 69-page opinion Wednesday from U.S. District Judge James Boasberg. It marked a step toward righting the Trump administration's wrong of sending scores of Venezuelan immigrants to a notorious Salvadoran prison without due process. While citing what he called the administration's 'troubling conduct throughout this case,' Boasberg said U.S. officials must facilitate the ability of a class of at least 137 plaintiffs, held in El Salvador's Center for Terrorism Confinement (CECOT), to seek habeas corpus relief, so that they can challenge their removal under the Alien Enemies Act. They didn't get due process when the government summarily sent them to that foreign prison in March, so they need to get it now. The chief federal judge in Washington, D.C., left open how exactly that will happen, giving the government a week to tell him how it plans to carry out his directive. President Donald Trump's invocation of the 1798 act, whose factual and legal bases for deporting alleged Venezuelan gang members have been called into great doubt, still hasn't been resolved by the Supreme Court. Boasberg didn't seek to resolve that underlying issue Wednesday, instead focusing on the fact that the men didn't even get a chance to challenge their removal. 'Perhaps the President lawfully invoked the Alien Enemies Act. Perhaps, moreover, [government] Defendants are correct that Plaintiffs are gang members. But — and this is the critical point — there is simply no way to know for sure, as the CECOT Plaintiffs never had any opportunity to challenge the Government's say-so,' he wrote. 'In our nation — unlike the one into which K. awakes — the Government's mere promise that there has been no mistake does not suffice,' the Obama appointee wrote, referring to Kafka's protagonist. The judge said the government 'plainly deprived these individuals of their right to seek habeas relief before their summary removal from the United States.' He added that while the litigation still needs to fully play out, 'significant evidence has come to light indicating that many of those currently entombed in CECOT have no connection to the gang and thus languish in a foreign prison on flimsy, even frivolous, accusations.' Separate litigation is pending over Boasberg's inquiry into possible contempt for the government violating his previous order in March to halt deportation flights. Boasberg's latest ruling comes as the administration resists facilitating the return of Kilmar Abrego Garcia, as ordered by another judge — whose order the Supreme Court endorsed — in separate ongoing litigation. The Salvadoran native was also illegally deported to that country, but not under the Alien Enemies Act. In yet another case of a wrongly deported person under this administration, the government on Wednesday managed to return a Guatemalan man referred to as O.C.G. in court papers; his case was litigated separately from both the Abrego Garcia case and the Alien Enemies Act cases. U.S. immigration agents sent him to Mexico, initially claiming he said he wasn't fearful of going to that country, but then admitting that they didn't have a witness who could back up that claim. So the administration knows it can remedy a wrongful removal. But given that the CECOT plaintiffs, like Abrego Garcia and unlike O.C.G., are being held by a foreign government, don't expect the government to go along with Boasberg's order before exhausting all appellate options — including up to the Supreme Court, though even the justices have reminded the administration of the need to comply with due process. We should know the government's stance at least within a week, when its notice is due to Boasberg by June 11 on how it intends to facilitate the ability of the CECOT plaintiffs to seek habeas relief, unless the administration seeks a more immediate appeal of Boasberg's order. Separately, the administration has a pending emergency application to the Supreme Court, seeking the ability to more speedily deport people to so-called third countries where they aren't from, in litigation stemming from the government's bid to send immigrants to war-torn South Sudan. An order from the justices in that case could come anytime. Subscribe to the Deadline: Legal Newsletter for expert analysis on the top legal stories of the week, including updates from the Supreme Court and developments in the Trump administration's legal cases. This article was originally published on
NDTV
03-06-2025
- General
- NDTV
How A Troubled Childhood Can Foster Creative Talent
Many believe that a child's creativity can only bloom in the warmth of a loving, nurturing and supportive household. While artistic talent can flourish in comfortable surroundings, research has shown that this is not always the case. Paradoxical though it may seem, studies have found that many creative people had difficult childhoods. Indeed, many well-known artists owe their genius to tough childhood events, from which they escaped by creating mental worlds where they were free to develop their talents. Famous examples include artistic geniuses like Vincent van Gogh, Franz Kafka, Edgar Allan Poe, Virginia Woolf and Sinéad O'Connor, all of whom suffered adversity in childhood and went on to develop great artistic prowess. Sadly, though perhaps not surprisingly, their talents were often tempered by neuroses and other mental health issues. Creative people have even noted this in one another. Jean Paul Sartre's lengthy biography of Gustave Flaubert's childhood describes its subject as an unwanted, neglected child who was considered mentally disabled by his parents. The book's title shows how central this was to Flaubert's identity: L'Idiot de la famille (The Family Idiot). Escaping Childhood Suffering My recent study explores the development of human creativity, which can follow two paths: it can be an imitation of serene and pleasant parental models that inspire a child to thrive and improve, or it can be a way to manage the anxiety that stems from the absence of these models. As Donald Winnicott explains in his seminal 1971 book ' Playing and Reality ', children alleviate the anxiety of temporary separation from their parents by soothing themselves with objects (called 'transitional objects') or behaviours, which temporarily replace the absence of their parents' affection or attention. If the absence is prolonged and difficult, these behaviours continue and can, through repetition, develop into a creative skill. Unfortunately, along with creativity, these children sometimes develop harsh behavioural difficulties, and struggle with social relationships. Some academics have proposed a model to explain this phenomenon. Up to a certain level of separation or neglect from parents, the capacity to develop talents grows, but beyond a certain limit this decreases and alterations in social behaviour become more acute. Therefore, it is likely that our talents, those of which we will be proud when adults, put down their roots in the first few months of life. The rest of our lives are spent honing the creative behaviours we learned, or took refuge in, when were babies. By closely observing young children, psychologist Mary Ainsworth found that our attachment style is already defined at the age of one. Other studies have found a similar precocious timing for other mental skills, and this is likely true for creativity as well. Early abandonment or neglect can have dire consequences, but can also be the source of creativity, as it helps children to survive. Challenges In Modern Parenting Today, affective relationships between parents and children are increasingly problematic. Cultural shifts often mean that modern parents are either scarcely or excessively focused on their babies. Working habits have also changed, meaning babies are more commonly separated from parents in the earliest stages of their development. It is therefore unsurprising that young children today escape into a parallel word that replaces or supplements parental attention, one where they often develop considerable creative abilities and talents: computers and videogames. Screen time is, however, also linked to greater levels of stress, anxiety and isolation, especially as children grow into teenagers. No Substitute For Care Adversity does not always have negative effects, and caregivers should help children to cultivate their creative talents, but this is by no means a substitute for proper care and attention. Studies show that a supportive attitude is important from the early years of school, but parents can often be with physically absent or mentally distant or distracted from their offspring. This can cause a raft of mental health issues, as a child's first and most decisive cognitive maps are drawn in the earliest stages of life – late intervention is less effective. The good news is that this research can help to identify and intervene when a child may be suffering. It also further highlights the deep, primordial psychological significance of children's, and indeed adults', talents and creativity.
India.com
30-05-2025
- Entertainment
- India.com
6 Best Works of Franz Kafka: Stories That Changed Modern Literature
photoDetails english 2908398 Franz Kafka, is renowned for his exploration of themes like alienation, existential anxiety, and the absurdity of bureaucracy. His distinct, surreal style often called "Kafkaesque" is evident in works such as The Metamorphosis, The Trial, The Castle, and In the Penal Colony. Scroll to read more about him. Updated:May 30, 2025, 03:23 PM IST About Kafka 1 / 7 Franz Kafka was born on 3rd July, 1833 in Prague, Czechia. His work explores themes of alienation, existential dread, and oppressive bureaucracy. Kafka's writing style is marked by dark humor, and nightmarish scenarios, often referred to as "Kafkaesque'. The Metamorphosis 2 / 7 This iconic novel was published in 1915, The story shows the tension between individual identity and societal roles. The protagonist's emotional journey highlights the cruelty of conditional love and the deep human need for understanding. The Castle 3 / 7 This novel was published in 1926 in an unfinished book, The novel delves into themes of bureaucracy, alienation, and the search for meaning. Kafka portrays a confusing, indifferent system that frustrates K's, the protagonist's every effort. In The Penal Colony 4 / 7 Published in 1919, this short story examines themes of justice, punishment, and blind adherence to tradition. Kafka's storytelling triggers discomfort and contemplation, using stark imagery and ethical ambiguity to challenge the reader's sense of fairness and authority. The Trial 5 / 7 This amazing novel was published in 1925. The book explores existential anxiety, powerlessness, and the human longing for clarity and justice. The protagonist, Josef K., is arrested and prosecuted by a mysterious and inaccessible legal system. The charges against him are never revealed. Letters to Milena 6 / 7 These deeply personal letters offer a rare glimpse into Kafka's emotional world. Addressed to Milena Jesenská, his beloved, they reveal themes of longing, vulnerability, love, and spiritual connection and the fact that despite their intimacy, Kafka and Milena never lived together which makes these letters more intimate. The Hunger Artist 7 / 7 Published in 1922, is a short story that follows a professional artist who performs public fasting as an art form. Over time, audiences lose interest in his act, and he is forgotten by his audience. The story explores themes of isolation, misunderstood artistry, and existential longing.
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India.com
26-05-2025
- Entertainment
- India.com
6 Books You Should Read If You Are A Classics Lover - From Metamorphosis To Time Machine
photoDetails english 2906657 Updated:May 26, 2025, 10:03 PM IST Metamorphosis 1 / 7 Franz Kafka's 'Metamorphosis' shows the transformation of a man into an insect and how his family deals with it. The book explores themes of isolation and new identity. Jane Eyre 2 / 7 'Jane Eyre' by Charlotte Brontë is a story of a woman who seeks love, independence, and a sense of belonging. To Kill A Mockingbird 3 / 7 Harper Lee's 'To Kill A Mockingbird' is the story of a young girl with adventures sprinkled in. Wuthering Heights 4 / 7 'Wuthering Heights' by Emily Brontë is a story about love and anger, and is set in the windy countryside. Time Machine 5 / 7 HG Wells' 'The Time Machine' is an adventure tale where a scientist travels to the future, discovering new worlds and exploring the consequences of his travel. Diary Of A Young Girl 6 / 7 'The Diary of a Young Girl' by Anne Frank is a saga of a Jewish girl's life while hiding from the Nazis. Credits 7 / 7 (Photo Credit: Representational Image/ Freepik)
Indian Express
12-05-2025
- Politics
- Indian Express
Pendency has made justice a game of patience in India
By Shashank Maheshwari In Franz Kafka's haunting parable Before the Law, a man waits all his life to gain access to the law, stopped by a doorkeeper who never denies him entry in clear terms, leading to an indefinite delay. As he dies, the man is told the entrance was meant for him alone. The gate shuts. He never entered. This is the experience of millions of Indians today. The law isn't denied to them — it's simply never delivered. India's judicial system now groans under the weight of over 5 crore pending cases across courts. In subordinate courts, more than 50 per cent of these cases have been pending for over three years. According to government data presented in the Rajya Sabha in 2023, 1,514 cases in High Courts and 1,390 in subordinate and district courts have been pending for over 50 years. The pendency problem isn't just about bureaucratic inefficiency — it seems to be a constitutional breakdown. The judiciary's burden is worsened by gaps in its capacity. According to the India Justice Report (IJR) 2025, the average judicial vacancy in High Courts is 33 per cent, with Allahabad HC at 51 per cent and Punjab & Haryana HC at 40 per cent. Subordinate courts fare no better, with an average vacancy of 21 per cent, and states like Meghalaya (43 per cent), Mizoram (39 per cent), and Ladakh (35 per cent) reaching alarming levels. Meanwhile, there are only 15 judges for every 10 lakh Indians — a fraction of what the 1987 report of the Law Commission recommended: Fifty judges per 10 lakh people. The result? Cases pile up. Hearings are delayed. And justice remains out of reach. The Supreme Court, overwhelmed with its own backlog, has seen over 2,500 new pending cases added in early 2025 alone, as per SCC Observer. During the hearing of Amit Sahni v. Union of India, the Delhi High Court admitted that it was operating at just 60 per cent of its capacity, warning that delay at this scale 'virtually amounts to denial of justice'. In February, the SC demanded a status report on all HC judgments reserved before January 31, highlighting the silent tragedy of cases concluded but undecided. Nowhere is the pendency crisis more visible than in India's prisons. As of December 2022, 76 per cent of India's prison population are undertrials — people not yet convicted of any crime. Shockingly, 22 per cent of them have been detained for one to three years, and 2.6 per cent for over five years. In Uttar Pradesh, which alone accounts for 22 per cent of all undertrials, many have waited over half a decade in jail, often for petty charges. Bihar reports the highest share of undertrials at 89 per cent, while Mizoram recorded a steep increase from 57 per cent to 66 per cent in just one year. Recognising this, the SC has recently recommended the digitisation of all criminal appeals, the appointment of registrars for case management, and prioritisation of cases involving imprisoned accused. These are necessary first steps, but the underlying system must be repaired if they are to have any impact. Despite an increase in budget, there is considerable lag in infrastructural development. In 2022–23, India's sanctioned prison budget rose to Rs 8,725 crore — a 14.5 per cent increase. Seventeen states increased judicial spending more than their overall state expenditure. But systemic bottlenecks — vacancies, outdated infrastructure, and lack of digital capacity — continue to cripple outcomes. Staff vacancies in courts average 25 per cent in the HCs and 27 per cent in subordinate courts. In courts across India, e-Courts initiatives struggle due to poor connectivity, untrained personnel, and inadequate infrastructure. Even technology, heralded as a panacea, remains a half-built scaffold. E-sewa Kendras, e-filing systems, and live-streaming of proceedings show promise, but their reach is uneven and often symbolic. As the IJR cautions, 'technology cannot substitute structural reform.' Moreover, India's justice system remains fragmented. Police forces remain understaffed, with only 155 officers per 1 lakh population, well below the sanctioned 197. Forensic science labs face over 50 per cent vacancy rates, delaying investigations. Legal aid is crumbling. Paralegal volunteer deployment has dropped since 2019, and access at the grassroots is weakening. The proposed All India Judicial Services (AIJS) — a potentially game-changing reform to centralise and standardise judicial appointments — remains mired in political limbo. There is no national recruitment calendar, and many states fail to meet caste and gender representation quotas. As Justice Sanjay Kishan Kaul, former SC judge, writes in the IJR foreword: 'Justice reform is too important to be left solely to institutions — it must become a societal demand.' Pendency is no longer just a delay — it is a denial of democracy. It weakens economic enforcement, deepens inequality, and erodes faith in the Constitution. While reforms like digital tools, fast-track appointments, and increased funding are steps in the right direction, they must be tied to outcomes, not optics. The IJR makes it clear: Only a whole-of-system reform, touching courts, police, prisons, legal aid, and forensics, can break the pendency deadlock. This requires political will, administrative coordination, and civil society pressure. Above all, it requires a shift from courtroom firefighting to long-term institution-building. Justice in India must not remain a game of patience. It must become a guarantee — timely, fair, and real. The writer teaches at Jindal global law school
