Courting Injustice the Nirbhaya Case and its Aftermath, Rajesh Talwar

Anisha D’Cruz, II year LLM student, School of Legal Studies, CUSAT

In a society where a rape victim is raped hundred times by the ephemeral social stigma and media Nirbhaya like Mathura was fortunate enough at least to create her martyrdom into A Box news and a substantive relief at least to her aftermaths. Rajesh Talwar through his book reminds us the very fact that a victim of sexual cannibalism courts injustice at every stage and discusses the changes that this case has bought on the Indian Penal system .

Inclusion of an abstract of the voluminous Verma Committee report and its consequences into the chapterisation of the book  takes the discussion to the postulates which culminated in the Criminal Law amendment Act 2013 and which have bought relief to victims of smaller crimes like stalking ,voyeurism ….inter alia .He also brings to light the 10 percentof the report that was swallowed into the gallows of darkness(like the role of victims in sentencing and the possibility to file a victim impact statement).   Even the common man who is not well researched in law comes to know of these possibilities and its application elsewhere in the World.

A discussion of the Protection of children against sexual atrocities Act 2012 and the gender neutrality with regard to victim would surely be a new bit of info to many who are not learned in law. The child friendliness with regard recording of evidence and the privilege of non -confrontation with accused would surely motivate a common reader to confront the courts if ever they come across such an incident in life. Thereby the book anhilates the lacunae in cases of similar nature coming before court

The picturisation of the Nirbhaya incident is with such good  an editorial knife and eye that the reader could picturise the plight of the victim and the trial procedures . Though media has given an outlook on the issue, the book provides a perfect compilation under the same roof .

He gives rebirth to Priyadarsini Matoo in our minds when he reminds us that delayed justice is justice denied. Reminding  us of  the fact that power corrupts and absolute power corrupts absolutely he sites  examples of judges  who are supposed to represent the goddess of justice themselves manipulating the truth .

By depicting Nirbahya he has shown how  daughters of mother India is raped and though laws exist why they fail in getting justice .The theme of the book like the title is sensational with a lot of sensitivity and the language is simple and worth rumination with the authors perspective

Publisher                        Hay House Publication

Publication Year           2013 October

ISBN-13                           9789381398494

ISBN-10                           9381398496

Language                        English

Edition                             First Edition

Binding                            Paperback

Number of Pages         264 Pages

Nirbhaya CasePriyadarsini MatooRajesh Talwar