The Supreme Court on Saturday, June 3, stayed the Allahabad High Court's May 23 order, directing the head of the department of astrology at Lucknow University to ascertain whether an alleged rape victim was ‘mangalik’ by examining her horoscope. As per Hindu astrology, ‘mangalik’ or ‘mangali’ refers to a person believed to have been born under the influence of the planet Mars. Such a person, especially a woman, is believed to have ‘mangala dosha’, a superstitious belief that this would make her marriage difficult. The apex court had taken suo motu cognisance of the matter and a vacation bench of Justices Sudhanshu Dhulia and Pankaj Mithal heard the matter on Saturday at 3 pm.
The Allahabad High Court, on May 23, was hearing the bail application of Gobind Rai, who was accused of raping a woman on the promise of marriage. It was argued by the counsel of Gobind Rai that the woman was a ‘mangali’ and so the marriage could not be solemnised. This claim was refuted by the woman. After hearing the arguments, the court passed an order directing the Lucknow University to submit a report after going through the horoscopes of both the parties.
“Let Head of Department (Astrology Department), Lucknow University may decide the matter whether the girl is mangali or not and the parties will produce the kundali before the Head of Department (Astrology Department), Lucknow University within ten days from today. The Head of Department (Astrology Department), Lucknow University is directed to submit report in a sealed cover within three weeks to this Court,” the HC said in its order.
The SC took suo motu cognisance of the order and stayed this HC order. Solicitor General Tushar Mehta, at the outset, submitted before the bench that the order is disturbing and it should be stayed. During the hearing, the bench noted that the order is totally out of context and the right to privacy is being disturbed. Justice Dhulia said, "We do not want to join facts on what astrology has to do with this… We are only concerned with subject matter linking to this."
The counsel, representing the complainant, submitted that the order was passed with the consent of the parties and pointed out that astrology is being taught at the university. The apex court observed that while deciding a bail plea, a court cannot enter into the realm of astrology which are “private matters” of an individual. The apex court said, "We say nothing on merits. We stay the operation and effect of the order. The matter would be taken up by the high court on the next date of listing and shall be dealt on merits."
(With IANS inputs)