New Delhi: In a special sitting held on Saturday, the Supreme Court stayed a highly unusual order issued by the Allahabad High Court where it had directed to find out if a rape victim was a “manglik”.
The HC had ordered the head of the astrology department at Lucknow University to determine whether a woman, who is an alleged rape victim, is ‘Manglik’ (a person born under the influence of the planet Mars).
The apex court took suo motu cognizance of the matter and questioned the relevance of astrology in a bail application hearing.
The high court issued the order on May 23 while considering the bail plea of the accused, who was charged with rape after promising to marry the woman.
During the proceedings, the accused’s counsel argued that marriage between the two could not take place due to the woman being ‘Manglik’.
However, the woman’s counsel insisted that she was not ‘Manglik’.
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‘Manglik’ is a term used in Hindu astrology, wherein individuals believed to be under the influence of the planet Mars are said to have “mangal dosha” or affliction. Many superstitious Hindus consider marriages between ‘Mangliks’ and non-‘Mangliks’ as inauspicious and potentially disastrous.
During the Supreme Court hearing, Solicitor General Tushar Mehta, representing the government, expressed his concerns about the order. The bench of Justices Sudhanshu Dhulia and Pankaj Mithal deemed the order disturbing and decided to stay its implementation.
The complainant’s advocate informed the bench that the high court order was passed with the consent of the parties involved. However, the Supreme Court bench found the order to be irrelevant and involving multiple other features, including the violation of the right to privacy.
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Mehta argued that astrology is a science, but the bench acknowledged that there are various aspects to it. They clarified that they were not assessing the merits of the case but were disturbed by the inclusion of astrology in a judicial application.
Taking suo motu cognizance of the case, the Supreme Court stayed the operation and effect of the high court order. The court directed the registry to issue notices to all parties involved, including the state government. The matter has been scheduled for further hearing in the week commencing July 10.
The bench emphasized that it had permitted the court to decide the bail application on its own merits and expressed their lack of understanding regarding the need for an astrology report in this context.
Solicitor General Tushar Mehta expressed his gratitude that the apex court took cognizance of the matter as a law officer.
The high court’s May 23 order had instructed the head of the astrology department at Lucknow University to determine whether the woman was ‘manglik’ or not. The parties were directed to submit their horoscopes within ten days, and the head of the astrology department was instructed to submit a sealed report within three weeks.
The high court has scheduled the case for a resumed hearing on June 26.