New Delhi: In a special hearing Saturday afternoon, the Supreme Court stayed an Allahabad High Court order that asked the astrology department of Lucknow University to study a woman’s horoscope or kundali to ascertain if she was a “manglik.”
This was in a case where a man was accused of raping the woman by reneging on a promise to marry her. In his bail application before the HC, the man said he could not marry the woman because she was a manglik — a claim the woman denied. Justice Brij Raj Singh of the Lucknow bench then issued the direction to examine woman’s horoscope on 23 May.
According to Hindu astrology, a person who is born under the influence of Mars (or Mangala) is said to have mangala dosh. Such a person is called a “manglik” and it is suggested that they should not marry a non-manglik, as it is considered to be “unfavourable for marriage”.
A bench of justices Sudhanshu Dhulia and Pankaj Mithal then took suo motu cognisance of the HC order.
“We do not understand why this astrology report was called for. We stay the order and ask the HC to decide bail plea on merits,” the Supreme Court bench said Satuday.
The SC order came after it heard Solicitor General Tushar Mehta, who also asked for the “disturbing order” to be put on hold. Mehta was present at the hearing to assist the court. The accused’s lawyer was not present during the hearing Saturday.
During the hearing Saturday, the woman’s lawyer, A.K. Singh, informed the bench that the order had been passed with the consent of both parties.
The HC’s direction was to get an expert opinion under section 45 of the Indian Evidence Act, he told the apex court. When asked if he was defending the order, Singh replied in the negative.
‘Order has so many issues’
During the hearing, Justice Dhulia observed that the right to privacy had been disturbed and the order “has so many issues.”
The judge said the subject of the matter was bail application, and the HC order was given out of context.
Singh clarified that when the accused took the woman being a manglik as a defence, it was then that the HC judge felt this to be an issue that needed to be sorted out first.
Justice Dhulia, however, said the court was not joining the issue on astrology. “We are only on the subject matter here,” he added, indicating that the HC bench had given an order out of context.
Mehta joined in to say: “Nobody is questioning whether it can be decided if a person is manglik or not and astrology is a science. But the question here is, can the court order get into this”.
The bench then went on to put the high court order on hold and said the court should hear the bail application on merits.
“We say nothing on merits (of the case). We stay the operation and effect of the May 23 order. The matter would be taken up by the HC on the next date of listing and shall be dealt on merits,” ordered the court, which also issued notice to the parties in the case.
(Edited by Richa Mishra)
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