The Supreme Court on Saturday stayed the Allahabad High Court’s order directing Lucknow University’s Astrology Department, to examine the Kundli (Horoscope) of an alleged rape victim to determine if she was a Manglik or not, after the rape accused refused to marry her on the ground.
Staying the May 23 High Court order, Justice Sudhanshu Dhulia heading a vacation bench also comprising Justice Pankaj Mithal, observed, “This (examining horoscope) is totally out of context. Right to privacy is disturbed. 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.”
Justice Mithal observed, “We don’t understand why the astrology aspect was considered” by the High court.
Solicitor General Tushar Mehta who was present in the hearing representing the Central government to argue for the stay of the High Court order said, “Astrology is a science. We are not on that. We are saying while entertaining an application (for bail) by a judicial forum, can this be a question.”
Taking suo motu cognizance of the High court order, the vacation bench in a special sitting today ordered, “At this stage, we say nothing on the merits of the case, except that in the interest of Justice, the operation and effect of this order so far as it gives directions to the Head of the Department (Astrology Department), Lucknow University must be stayed.”
Staying the High Court order limited to its direction asking the Astrology Department of Lucknow University to examine the horoscope of the rape victim to determine if she was a Manglik, the vacation bench further said that the High Court will take up the bail application of the rape accused on June 26, as fixed earlier, and decided it on its merits.
“We make it clear that the matter will be taken up on merits of the bail application by the High Court on 26th June, 2023 which is the date already fixed in the matter”, the vacation bench said in its order today.
Issuing notice to the Uttar Pradesh government, the complainant and the rape accused, the bench passed the order in a special sitting taking suo motu cognizance of the High Court’s order earlier in the day.
The Lucknow bench of the Allahabad High Court, by its May 23 order had directed the Lucknow University’s Head of the Astrology Department, to examiner the Kundali (Horoscope) of an alleged rape victim to determine if she was Manglik. The High Court had asked the Astrology Department to submit its report in a sealed cover in three weeks.
The High Court had passed the order while hearing the bail plea of the rape accused. The accused had told the High Court that the marriage could not be solemnised because the woman was a manglik. The victim girl had denied that she was a manglik.
It has been alleged that the accused had raped the women on the pretext of marriage. However, later he refused to marry her stating that the victim was manglik.
The court posted the matter for hearing in the week starting from June 19, 2023.