After CJI’s intervention, SC stays Allahabad HC order seeking answer on rape victim’s ‘manglik’ status

“At this stage, we say nothing on the merits of the case, except that in the interest of justice, the operation and effect of this order so far as it gives directions to the Head of the Department (Astrology Department), Lucknow University must be stayed…In the meanwhile, there shall be stay of the operation and effect of the order dated 23rd May, 2023 passed by the High Court of Judicature at Allahabad High Court (Lucknow Bench),” the bench said in its order.

The top court said that while it respects the sentiments of the parties on astrology and astronomy, what happened was “totally out of context” and involved issues of privacy, etc.

Though the Supreme Court is on summer recess, the special bench in this regard was set up on the instructions of Chief Justice Chandrachud, who is currently overseas. The CJI took cognisance of the reports in this connection and directed early Saturday morning that a bench be set up immediately to consider it.

The high court order came while hearing the man’s bail plea.

Appearing for the Centre, Solicitor General Tushar Mehta said the order is “disturbing” and urged the court to stay it.

He told the bench: “Astrology is a science. Whether a person should decide based on manglik or not in marriage, nobody is questioning. The only question is while entertaining an application by a judicial forum, can this be a consideration?”

The counsel appearing for the complainant woman informed the bench that the HC order “happened by consent of both parties, and the court directed for expert evidence under Section 45 of Evidence Act”. He also pointed out that universities are now granting degree on the subject of Astrology, and it is a science.

“But this was totally out of context,” Justice Dhulia said, referring to the HC order. “What has this got to do with the subject matter?… It involves so many other features; the right to privacy has been disturbed. We don’t want to spell out — there are so many other aspects.” The judge said: “We are not challenging anything. We are only on the subject matter in this context.”

The counsel for the victim pointed out that it was argued that the marriage cannot be solemnised since the woman is manglik, which, some believe is unfavourable for marriages. “That’s why the court ordered. It is not out of context. It was the issue before the court,” the counsel said.

Justice Dhulia, however, said, “We do not want to join issues with you on this fact as to what is the relevance of these aspects, what astronomy has to do, what astrology has to do, nothing. We have nothing on that. We respect your feelings as far as that aspect is concerned. We are only concerned with this subject matter linking to that issue”.

S-G Mehta said while adjudicating the issue, the competent court cannot examine such a thing.

The complainant’s counsel said the petitioner had taken the plea that the marriage cannot be solemnised. “Half-part of the ceremony was done. After that, they backed out on the question of manglik. This was argued,” he said.

Justice Mithal said, “We have stayed the order and permitted the court to decide bail application on its merits. We don’t understand why this astrology report is called for.”