SC Stays Allahabad HC Order to Find Rape Victim’s Mangalik Status through Astrology

New Delhi: The Supreme Court on Saturday stayed an order of the Lucknow bench of the Allahabad High Court directing the astrology department of Lucknow University to study a woman’s kundali (horoscope) to ascertain whether she is a mangalik or not.

The Allahabad High Court had passed this order while deciding the bail plea of a rape accused named Gobind Ray. He is alleged to have raped the woman through the promise of marriage. The rape accused had taken the defence that he could not marry the victim as she was a mangalik.

The Supreme Court bench of Justices Sudhanshu Dhulia and Pankaj Mithal, however, said that a court of law, when deciding a bail plea, cannot enter into the realm of astrology which are private matters of an individual.

The court stayed the order and directed the High Court to decide the bail plea of the accused on merits.

“We do not understand why is this astrology report called for. We stay the order and ask the High Court to decide bail plea on merits,” the bench said.

At today’s hearing before the Supreme Court, Solicitor General Tushar Mehta at the outset said the High Court’s direction was disturbing and should be stayed.

Since the counsel for the woman argued that she is not mangalik, single-judge Justice Brij Raj Singh of Lucknow bench ordered the woman and the applicant to submit their kundalis to the Astrology department of the Lucknow University. The University was directed to submit a report in a sealed cover within three weeks.