SC Stays Allahabad HC Order To Determine If Rape Victim Is 'Manglik'

The Supreme Court on Saturday stayed an unusual order of the Allahabad High Court asking the head of the department of astrology of Lucknow University to decide whether a woman, an alleged rape victim, is a 'Manglik' or not by examining her 'Kundali'.

Hearing the bail plea of a rape accused, the Allahabad High Court's Lucknow bench had passed the order on May 23. He is facing the allegation of raping the woman on the pretext of marriage.

A vacation bench of the apex court, which took suo motu cognisance of the matter, stayed the effect and operation of the high court order. "This court takes a suo motu cognisance of this case which has been placed before us," said a bench headed by Justice Sudhanshu Dhulia, which assembled to hear the matter on a Saturday, which is a court holiday.

The apex court wondered why the astrology aspect was considered and remarked that the right to privacy has been disturbed along with many other issues.

The complainant's lawyer argued that the order was issued with the agreement of all parties involved, emphasizing that the Court possesses the authority to request expert testimony. He further stated that Astrology is a recognized subject taught in universities, Live Law reported.

However, Justice Dhulia interrupted, stating, "This is totally out of context. The right to privacy is disturbed." "We do not want to join facts on what astrology has to do with this. We respect your sentiments on that. We are only concerned with subject matter linking to this", the judge added.

"Astrology is a science. We are not on that. We're saying that while entertaining an application by a judicial forum, can this be a question", Solicitor General told the court. "We don't understand why astrology aspect was considered," Justice Mithal added.

In Hindu astrology, it is believed that individuals born under the influence of the planet Mars (mangal) may possess a condition known as "mangal dosha" (affliction) and are referred to as 'Manglik'. Some individuals with superstitious beliefs hold the notion that marriages between a 'Manglik' and a non-Manglik are considered inauspicious and may lead to disastrous outcomes.

the Allahabad High Court, in its May 23 Order, had said, "Let Head of Department (Astrology Department), Lucknow University decide the matter whether the girl is 'Mangalik' 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. List this case on June 26, 2023."