Supreme Court Stays Allahabad HC Direction To Examine If Woman Who Alleged Rape On Marriage Promise Was 'Mangalik'

In a special sitting held on Saturday, the Supreme Court stayed an order passed by the Allahabad High Court which directed the Head of Astrology Department, Lucknow University to determine if an alleged rape victim is a Mangali/Mangalik by examining her Kundali. A vacation bench comprising Justice Sudhanshu Dhulia and Justice Pankaj Mithal passed the order after taking suo motu cognizance of the High Court's order.

The HC bench of Justice Brij Raj Singh passed the order in a bail application filed by the accused in a case of alleged rape through false promise of marriage. The accused had taken a defence that the marriage with the woman could not be performed as she is a 'Mangalik'.

Hearing before the Supreme Court

At the outset, the Supreme Court bench asked Solicitor General of India Tushar Mehta if he has seen the order.

"I have seen the order and it is very disturbing. It may be stayed", SG said.

The lawyer for the complainant submitted that the order was passed with the consent of the parties and that the Court has the power to call for expert evidence. He submitted that Astrology is subject taught in University.

"But this is totally out of context. The right to privacy is disturbed..", Justice Dhulia said. "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 added.

"We don't understand why astrology aspect was considered...", Justice Mithal observed.

While staying the High Court order, the Supreme Court clarified that the HC can consider the bail application on merits.

Background

Before the High Court, the victim argued that the accused made sexual relations with her on the false promise to marry her and that he never intended to marry her. Per contra, the accused submitted that the marriage between the accused and the victim could not be solemnised as the victim is a 'Mangalik'. Refuting this allegation, the Counsel for the victim submitted that she doesn't suffer from 'Mangal Dosha'.

In view of the conflicting claims made by the parties, the Court directed the Head of Department (Astrology Department), Lucknow University to decide the matter as to whether the girl is a Mangali or not. The Court directed the parties to produce their kundali before the HOD within ten days.

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