Supreme Court stays Allahabad HC order on examining ‘kundali’ of rape victim, says ‘out of context’
Taking a suo moto cognizance of the order delivered by the Lucknow bench of the Allahabad High Court, the Supreme Court questioned the relevance of invoking the astrology aspect in the case
PremiumThe Supreme Court on Saturday stayed the Allahabad High Court verdict which directed the Head of Department (Astrology) in Lucknow University to determine if an alleged rape victim is a Mangali/Mangalik by examining her 'Kundali' in three weeks. Taking a suo moto cognizance of the order delivered by the Lucknow bench of the High Court, the apex court questioned the relevance of invoking the astrology aspect in the case.
The bench of Justice Sudhanshu Dhulia and Justice Pankaj Mithal said that the order was totally out of context and the right to privacy is disturbed in the case. The Solicitor General of India Tushar Mehta also called the order disturbing and said it may be stayed.
The apex court clarified that the high court can consider bail on other merits of the case.
The Case
The case pertains to the bail plea of a person accused of raping a woman on the pretext of marriage. While arguing for the bail of the accused, the defense submitted that the marriage cannot be solemnized as the woman is a mangalik.
As per Hindu astrology, Mangali/Mangalik is a person born under the influence of Mars and such persons are not favorable for marriage as they can cause possible harm to their spouse.
The single-judge bench of Justice Brij Raj Singh ordered the woman's lawyer to submit their kundali with the Astrology department of Lucknow University, which will submit a sealed cover report in court within three weeks.
"It has been argued by learned counsel for the applicant that the prosecutrix is mangali, therefore, marriage could not be solemnized and the same has been refused. On the other hand, Sri Vivek Kumar Singh learned counsel for the prosecutrix has submitted that the girl is not mangali. Let the 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 a report in a sealed cover within three weeks to this Court," the order stated.
"Exciting news! Mint is now on WhatsApp Channels 🚀 Subscribe today by clicking the link and stay updated with the latest financial insights!" Click here!
