SC stays Allahabad HC's order to check rape victim's horoscope for 'Mangal Dosha'
New Delhi: Supreme Court's vacation bench on Saturday stayed the Allahabad High Court's order directing Lucknow University’s astrology department’s head to determine whether an alleged rape victim was a Mangalik after the accused refused to marry her on the same grounds.
A two-judge vacation bench of the Supreme Court, headed by Justice Sudhanshu Dhulia and also comprising Justice Pankaj Mithal passed the order today on the complainant’s plea.
"How did the Allahabad High Court enter into this astrology area, here? Astrology is a science, no doubt. But we do not understand this, why is this astrology report called for? We stay the order and ask the HC to decide bail plea on merit," the Supreme Court's two-judge vacation bench in its order today said.
The Supreme Court earlier today took Suo Motu cognizance of the matter and stayed the Allahabad High Court's May 23 order.
The Lucknow bench of the Allahabad High Court had directed the Head of Department (Astrology Department), Lucknow University to determine if the alleged rape victim is a Mangalik by examining her 'Kundali' in three weeks.
The apex court said, no observation has been made on merits. "Order stayed in the interest of justice," the top court said.
The Allahabad High Court had passed the order while deciding the bail plea of the man, who has been accused of raping the complainant on pretext of marriage.
The accused had told the Allahabad High Court that marriage could not be solemnised because the woman was a Mangalik.
The girl has, however, claimed that she is not Mangalik.
The HC had also directed the HOD of (Astrology Department), Lucknow University to submit a report before the court in a ‘sealed cover’ in 3 weeks.
The Supreme Court noted that the Solicitor General (SG) Tushar Mehta, represented Union of India (UOI), while lawyer AK Singh represented the complainant in the case before it.
The top court directed the Registry to issue notice to all the parties concerned—the bail applicant and the state of UP.
Certain segments of Indian society hold the belief that individuals born under the influence of the planet Mars, known as "Mangal" in Hindi, possess a condition called "Mangal dosha" or "Manglik dosha." According to this, it is considered inauspicious for a person with this affliction to marry someone who does not have it (a non-manglik).
(With UNI inputs)
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