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SC stays HC’s order on examining horoscope of woman in rape case
Seeking bail in the case, the man claimed he never lacked the intent to marry her but could not do so since she was a mangalik.
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An Allahabad high court order on studying the configuration of celestial bodies in a rape case clashed with the established position of law on Saturday with the Supreme Court suspending a judicial directive to the astrology department of the Lucknow University to analyse a woman’s horoscope for ascertaining whether she is a mangalik or not.
Mangalik or mangali is a person born under the influence of Mars, as per Hindu astrology. Such persons are said to have a mangala dosha (defect) which is considered unfavourable for marriages.
On May 23, the Allahabad high court passed the unusual order, asking the head of the astrology department of the Lucknow University to study the horoscope of a woman, who had alleged rape on a false promise to marry. Seeking bail in the case, the man claimed he never lacked the intent to marry her but could not do so since she was a mangalik. The woman, however, denied that she was a mangalik.
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At this, the high court directed the head of the astrology department of the Lucknow University to analyse the woman’s horoscope and submit a report as to whether she is a mangalik or not. The high court fixed the next hearing on June 26, awaiting the report of the astrology department.
On Saturday morning, Chief Justice of India (CJI) Dhananjaya Y Chandrachud, as the administrative head of the Supreme Court, decided to take a suo motu (on its own motion) cognisance of the May 23 high court order and constituted a special bench to take up the matter. The CJI is currently overseas.
At 3pm on Saturday, a bench of justices Sudhanshu Dhulia and Pankaj Mithal took up the matter and wondered why the high court felt the need to go into the area of astrology in a case seeking bail. “We do not understand why this astrology report has been called for...Right to privacy has been disturbed and it has so many other issues too,” remarked the bench.
Solicitor general Tushar Mehta appeared for the Union government, terming the high court order “disturbing”. While he urged the bench to stay the impugned directive, advocate Ajay Singh, representing the woman, pointed out that the high court order was passed on consent of both sides. Singh argued that since the woman’s mangalik status was a bone of contention, the high court opted to seek an expert opinion under the Evidence Act.
But the bench retorted that a court of law cannot enter into the realm of astrology and other similar private matters of an individual in deciding a bail plea. “We are not joining issue with you on what astrology or astronomy has to do. We respect your feelings, but we are only on the subject matter here,” it added.
The bench then proceeded to put the May 23 order on hold while asking the high court to decide the bail plea purely on merit and on the established principles of law.
“The 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 the 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 the high court on the next date of listing and shall be dealt on merits,” the order stated.
