The cause of rape can't be objective. It is evident that ; it's man who is the culprit but if we go deeper in the issue we will find society and the mind set of people as the hidden cause. Apart from that it's slow criminal procedure which makes these criminal to roam hassle free. So It's obvious that all these factors need to be taken into consideration regarding this issue.
RAPE
Defined under section 375 of Indian penal code , where it says sexual intercourse between a men and women without the consent or consent taken by fraud, force ,misrepresentation of facts, unsoundness of mind etc. will be no consent and constitutes rape in this section
CONSENT In the judgment of tukaram and anr. v state of Maharashtra (1972) famously known as Mathura rape case ,the supreme court of india unfavorably decided that the victim was habitual to sex and having no marks on her body of any resistance which constitutes that she was consented to sexual intercourse . After the few days of verdict the law professors Upendra Baxi, Raghunath Kelkar and Lotika Sarkar of Delhi University and Vasudha Dhagamwar of Pune wrote an open letter to the Supreme Court, protesting the concept of consent in the judgment.Hereinafter from narrow understanding of consent converted into a broader one.
SOCIETY TOWARDS THE VICTIM
we heard the most famous case of rape named Nirbhaya case or Delhi rape case , it becomes the hot topic for everyone to discuss on the one side everyone is sympathized with the victim and her family but on the other side questions raised on her that “why is is out at midnight” , “why she is with a boy” etc.
in 2018 a documentary on rape and society stand in Haryana was released by "The quint” where even the children of school held girls responsible for rape. it is just an example of lack of education or not providing sex education
SOCIETY TOWARDS THE ACCUSED
The agitation of society towards the accused has been seen in famous cases like Mathura rape case, nirbhaya case, Aruna Shanbaug Case, Bhanwari Devi Case, Badaun dalitgirls Case, Unnao Rape Case, kathua case, Shakti mill case, Reddy case, hathras case etc.
PENALTIES
Section 376 of Indian penal code (1860) it says whoever, commits rape ,shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years , but which may extend to imprisonment for life , and shall also be liable to fine.
Further it says Whoever, commits rape on a woman under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine:Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
for complete section click HERE
AFTER MARRIAGE CONSEQUENCES
Domestic violence & marital rape is the most common consequence of this compromised marriage ; where marital rape is not a punishable offence unless the parties are in judicial separation .
In my opinion Indian judicial system should stop these marriages as it will not just harm the victim but also the people around her. This compromised marriage concept coveys the wrong message to the public at large ; as for some people it is just a way to marry a girl forcefully if she refused to do so . this heinous crime should be punishable as per procedure established by law.
‘In Hindu, succession act 1956 , section 25 disqualified a person who commits murder or abets the commission of murder shall be disqualified from inheriting the property of the person murdered’ , the idea behind this section is to give justice to the person murdered; if our system allows this compromised marriage then will the justice serve ?