3rd June 2023, Mumbai: The Supreme Court on Saturday delayed an unprecedented order by the Allahabad High Court for the dean of Lucknow University’s department of astrology to determine if a woman, an alleged rape victim, is’manglik’ or not.
The Supreme Court, in a special sitting on Saturday, took suo motu cognisance of the matter and stated that it does not understand why a “astrology report is required” when considering a bail plea.
The ruling was issued by the high court on May 23 while hearing the bail petition of the guy accused of raping the woman on the false promise of marriage.
The man’s counsel claimed before the high court that because the woman was a’manglik,’ marriage between the two could not be solemnised and was thus disallowed.
The woman’s lawyer claimed before the supreme court that she was not a “manglik.”
A person born under the influence of the planet Mars (mangal) is said to have “mangal dosha” (affliction) and is known as a’manglik’ in Hindu astrology. Marriage between a Manglik and a non-Manglik, according to many superstitious Hindus, is inauspicious and might be calamitous.
“Mr Mehta, have you seen this?” Solicitor General Tushar Mehta, who appeared in the case, was questioned by a panel of Justices Sudhanshu Dhulia and Pankaj Mithal.
“I’ve witnessed this. It’s upsetting. “I respectfully request that your lordships stay this order,” Mehta said.
An lawyer for the complainant told the bench that the high court issued the ruling with the parties’ consent.
“However, this was completely out of context.” “Aside from that, it involves so many other features… right to privacy has been disturbed, and we don’t want to spell out, there are so many other aspects,” the bench noted.
Mehta, arguing that astrology is a science, asked, “Can this be a consideration while entertaining an application by a judicial forum?”
The bench stated that there is no doubt that astrology is a science, although it has many different characteristics.
“We are not getting into the merits of the case,” it stated.
“This court takes suo motu cognizance of this case which has been placed before us,” the bench stated, halting the high court order’s operation and effect.
It directed the registrar to notify all parties involved, including the state.
The bench scheduled another hearing for the week beginning July 10.
“We have stayed the order and have permitted the court to decide the bail application on its own merits,” the bench observed, adding, “we don’t understand why this astrology report is called for”.
As a law officer, Mehta expressed his gratitude to the bench for taking cognizance of the situation.
“Let Head of Department (Astrology Department), Lucknow University decide whether the girl is mangali or not and the parties will produce the kundali (horoscope) before the Head of Department (Astrology Department), Lucknow University within ten days from today,” the high court said in its May 23 order. The Head of Department (Astrology Department), Lucknow University, is directed to submit a report to this Court in a sealed cover within three weeks.”