Nithyakalyani Narayanan. V
The Apex Court stayed Allahabad High Court’s order that had directed the Head of Astrology Department, Lucknow University, to study an alleged rape victim’s kundali (horoscope or birth chart) and see if she is a mangalik. According to Hindu astrology, a mangali or mangalik is a person born under the influence of Mars. It is said that these people have mangala dosha, which is thought to be adverse to marriage.
The High Court issued the order while deciding the bail petition of an accused of raping a woman under the guise of marriage. The accused argued that the marriage was not solemnised since the woman was a mangalik. But the vacation bench of the Supreme Court held that when deciding on a bail petition, a court of law cannot go into the subject of astrology because those are personal issues. The Supreme Court stayed the High Court’s order and directed the court to determine the bail petition of the applicant on the basis of merits. The Court said, “This Court takes a Suo Motu cognizance of this case which has been placed before us… 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. We make it clear that the matter will be taken up on merits of the bail application by the High Court on 26th June, 2023 which is the date already fixed in the matter”.
The Counsel for the applicant argued that the order was passed with the consent of both parties. Solicitor General Tushar Mehta stated that the direction of Allahabad High Court was disturbing and said “Nobody is questioning whether it can be decided a manglik or not and astrology is a science. But here the question is can the court order get into this”.
The double-judge bench held that “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”.
Name of the Case: Gobind Rai @ Monu v State of Uttar Pradesh
Bench: Justice Sudhanshu Dhulia and Justice Pankaj Mithal.
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