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Courting Injustice: The Nirbhaya Case & its Aftermath Paperback – 27 October 2013

4.0 4.0 out of 5 stars 14 ratings

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In this partnership between so-called equals, which can be compared to a polyandrous marriage. The Supreme Court is the woman and Parliament and the Executive her two husbands, one more loutish that the other, depending on your point of view.

In the Nirbhaya case too the gap between theory and law has been highlighted. Following the terrible episode (and even before) there has been continual and great improvement in the substantive laws for both women as well as children who have been victims of sexual violence and yet despite their being so much publicity on the case, the author argues that, concretely, although there has been improvement in the laws themselves, we are nowhere near better enforcement or implementation. Even after the institution of a fast track trial and with the nation's attention focused on it, the Nirbhaya case still dragged on and it took more than nine months for the trial court to reach a verdict and, as the author explains there are still potentially further delays waiting at the level of the superior courts, the High Court certainly and the Supreme Court too, quite possibly. As the author goes on to show in this well argued book, a woman who is the victim of a sex related crime 'courts injustice' whenever she comes to a court, be she the victim of a rape, an acid attack of sexual harassment, the mother or father of such a victim or be it even any ordinary person struggling to find justice.

Our courts, particularly the Supreme Court is performing the function of a nagging wife. Time and again she pulls up the lazy, good-for-nothing husbands (read 'failure of governance') and what does either husband do? He goes for a walk, ignoring the wife's anguished screams even as they follow him. If she complains too much, he tells himself, he'll see to it that she doesn't get the silk sari and other goodies she wants (read 'promotions', 'post retirement assignments', etc). It is only one of the ways he ensures that she doesn't step too much out of line. All wives nag, he consoles himself. Nagging here and there is tolerable but she must make sure that he gets his meals on time (read 'doesn't bar him from contesting elections even if there are a dozen or more criminal cases pending against him'). Meanwhile the overzealous wife doesn't realize that while she rails and rants against the erring ways of her husband, the dishes are piling up in the kitchen and the maid has gone away for six months and the dishes, they are piling up (read, the arrears are accumulating)

The time has come. It cannot continue to remain 'business as usual'. There will be justice for Nirbhaya. Our 'brave heart' will also bring justice and relief to all her sisters and possibly, even to the rest of us.

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Product description

About the Author

Rajesh Talwar studied Negotiation at Harvard, Human Rights Law at Nottingham and Law and Economics at Delhi University. He has worked for the United Nations on legal and justice-related issues in Somalia, Liberia, Kosovo, Afghanistan and Timor-Leste. Prior to working for the UN, he practised law and taught law at Delhi University and Jamia Milia Islamia. He is the author of more than a dozen books, many of which are available and listed at Amazon.com

Product details

  • Publisher ‏ : ‎ Hay House India (27 October 2013)
  • Language ‏ : ‎ English
  • Paperback ‏ : ‎ 264 pages
  • ISBN-10 ‏ : ‎ 9381398496
  • ISBN-13 ‏ : ‎ 978-9381398494
  • Item Weight ‏ : ‎ 270 g
  • Customer Reviews:
    4.0 4.0 out of 5 stars 14 ratings

About the author

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Rajesh Talwar
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Rajesh Talwar has written thirty-seven books, which include novels, children’s books, plays, self-help books and non-fiction books covering issues in social justice, culture and law

His novels include Simran, on aesthetics, and Inglistan, on cultural contrasts. An Afghan Winter and The Sentimental Terrorist explore the theme of terrorism. How to Kill a Billionaire reveals the workings of the Indian justice system. From the Lips of the Goddess – Mata Vaishno Devi is on the sacred feminine.

Rajesh’s plays cover diverse contemporary themes and historical retellings. They include Inside Gayland, The Bride Who Would Not Burn, Conquest at Noon, The Killings in November, Kaash Kashmir, Aurangzeb: The Darkness in His Heart, Gandhi, Ambedkar and the Four-Legged Scorpion, High Fidelity Transmission and A Nuclear Matricide.

His non-fiction works include The Judiciary on Trial, Courting Injustice: The Nirbhaya Case and Its Aftermath, The Third Sex and Human Rights, The Vanishing of Subhash Bose, The Killing of Aarushi and the Murder of Justice. Self-help books include How to Choose Your Lawyer and Win Your Case, Making Your Own Will, The Divorce Handbook and Indian Laws of E-business.

His books for children include The Three Greens, The Bearded Prince, The Sleepless Beauty, Fabulous Four Battle Zoozoo, the Wizard, Playwrights- A One-Act Play for Children on Human Rights, The Boy Who Wrote a Constitution and most recently The Boy Who Became a Mahatma.

He has contributed to The Economic Times, The Guardian (UK), The Daily Guardian, The Pioneer, The Times of India, Manushi, The Sunday Mail and the New Indian Express. He is a sought-after speaker at Literary Festivals.

He has a Wikipedia page and can be followed on Insta and Facebook where he has nearly fifty thousand followers

Rajesh works as Deputy Legal Adviser to the United Nations Mission in Afghanistan.

Customer reviews

4 out of 5 stars
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14 global ratings

Top reviews from India

Reviewed in India on 31 October 2014
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Good
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Reviewed in India on 5 November 2016
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Courting Injustice by Rajesh Talwar is a book which entails the horrific gang rape case of Nirbhaya which took place in Delhi on the fateful night of 16 December. The book is divided into 10 chapters with each chapter dealing with a
certain topic.

Anger. Shame. Disgust. Helplessness. This is what I was feeling as I was reading the book.

It starts with the description of what happened on that night. The author also delves into the life of the victim and her family. From then on, he talks about the New-Anti Rape Laws which came into force as a result of this unfortunate event. This section of the book is comprehensive as it clearly delineated the difference between the old and the new laws. He not only talks about the crimes against women but also against men, children, and transgender.

The section on Verma Committee recommendations is thorough and well-articulated. From highlighting the good points to highlighting where it failed to offer the solutions, the author has done a very good job. He explains the lacunae in the system and how new laws filled those gaps.

The author not only goes rambling about the problem but also provides solutions. He first explains the problems which plague our judicial system backed with shocking statistics. Then he offers the possible solutions. The author also touches some crucial topics like marital rape, capital punishment and the inclusion of stalking and voyeurism as crimes.

The author has referenced many other cases which show that the book is backed with a good amount of research. The details are not too elaborate, just enough to summarize what happened without leaving any important details. The analytical approach towards the subject has helped the author to cover all the aspects in a balanced manner. The book has definitely helped me understand the subject a little better.

The only parts I didn't like reading were the description of laws in legal language. Though the explanation was simplified by the author, I found them distracting. Other than that the book has done its job quite well.
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Reviewed in India on 28 November 2016
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Author has started book with case of Nirbhaya. He mentioned what had happened on that day. And how it could have been avoided if system was followed religiously. In next few chapters author mentioned other serious crimes against women (irrespective of their age). There was need or urgency to take some action against such crime. Author then explained how seriously people and government took it. Committee were formed to look into the matter and prepare a report with proper legal suggestions.
Reviewed in India on 13 August 2014
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GOOD
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Reviewed in India on 24 November 2017
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The book works as an eye opener, going into details, not only of the tragic event, but to the laws as well, which I believe, every citizen must know about. It is perhaps, a must read for all the women out there, in order to be able to stay aware and to gather all the basic legal knowledge of the Anti-Rape Laws, The Verma Committee Report (After the Nirbhaya Case), and so much more. What is uniquely satisfying about the book is that it also talks about the possible solutions that there can be, to the problem.
I so believe, the book holds the power to bring about a change, envisioning a better future.
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Reviewed in India on 10 August 2014
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Good insight into the problems facing the society today.
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Reviewed in India on 25 June 2014
If you want to know how the judiciary of he country works and what all need to be done to improve it you must go ahead with it.
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Reviewed in India on 4 November 2016
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This one is definitely not for the faint hearted. Its a very skillful compilation of all the facts and figures. So its not one of the usual books on Nirbhaya. Also its not a one sitting book. Its heavy and will leave you with a lot of questions.
Please find my full review on
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Top reviews from other countries

Fernando da Cruz
5.0 out of 5 stars Topical and insightful, the plight of women and India
Reviewed in the United States on 19 August 2014
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'a greatly illuminating book which analyses why there is so much violence against women in India and also suggests what can be done to combat it...'