'Disturbing': SC Stays Allahabad HC Order To Ascertain If Rape Victim Is 'Mangalik'

The bench comprising Justice Sudhanshu Dhulia and Justice Pankaj Mithal stated that astrology had nothing to do with the matter.

File Photo of Supreme Court

The Supreme Court on Saturday stayed the order of the Allahabad High Court that had directed that the head of the department of astrology at Lucknow University will ascertain whether the alleged rape victim was 'mangalik' or not. 

The bench comprising Justice Sudhanshu Dhulia and Justice Pankaj Mithal stated that astrology had nothing to do with the matter. At today's heraring, Solicitor General Tushar Mehta stated that the order was "disturbing," LiveLaw reported.

The Supreme Court stated that astrology, considered a private matter of an individual, should not be a factor in the decision-making of a court of law when it comes to granting bail.

"Supreme Court takes suo motu cognisance of the case before us. the order of the single judge of Allahabad High Court passed on may 23 while deciding a bail plea is subject matter of the case. We say nothing on merits. We stay the operation and effect of the May 23 order. The matter would be taken up by High Court in next date of listing and shall be dealt on merits," the apex court's order was quoted by Bar and Bench in its report. 

In the May 23 order, the Allahabad High Court directed the Head of Department (Astrology Department), Lucknow University to determine whether an alleged rape victim is a Mangali/Mangalik by examining her Kundali in three weeks, reported Live Law. The bench of Justice Brij Raj Singh was hearing the bail application of an accused who allegedly refused to marry the victim, after establishing sexual relations, on the ground that the Girl has Mangal Dosha in her Kundali.

As per Live Law's report, the Counsel for the accused submitted that the marriage between the accused and the victim could not be solemnised as the victim is a Mangalik. The Counsel for the victim refuted this allegation and submitted that she doesn't have a "Mangal Dosha".

In view of the conflicting claims made by the parties, the Allahabad High Court directed the Head of Department (Astrology Department), Lucknow University to decide whether the girl is Mangalik or not. The Court also directed the parties to produce their kundali before the HOD within ten days, the report mentioned