On Saturday, during a special session, the Supreme Court suspended an order issued by the Allahabad High Court instructing to find out whether a rape victim is ‘Mangalik’. The High Court had instructed the Head of the Astrology Department at Lucknow University on 23rd May 2023, to analyze the Kundli of the rape victim to determine her Mangalik status. A vacation bench consisting of Justice Sudhanshu Dhulia and Justice Pankaj Mithal took suo motu cognizance of the High Court’s order before issuing the stay.
In a bail application filed by the accused in a case involving an alleged rape based on the false promise of marriage, the order was issued by Justice Brij Raj Singh of the High Court. The accused claimed that the marriage could not take place because the woman was a ‘Mangalik’.
Solicitor General of India Tushar Mehta said, “I have seen the order and it is very disturbing. It may have stayed.” The complainant’s lawyer argued that the order was issued with the mutual agreement of the parties and emphasized that the Court possesses the authority to seek expert testimony. The lawyer further highlighted that Astrology is a subject taught at the university level.
Justice Dhulia said, “But this is totally out of context. The right to privacy is disturbed. We do not want to join facts on what astrology has to do with this. We respect your sentiments on that. We are only concerned with the subject matter linked to this.”
The Solicitor General further said, “Astrology is a science. We are not on that. We’re saying that while entertaining an application by a judicial forum, can this be a question.”
Justice Mithal remarked, “We don’t understand why the astrology aspect was considered.” The Supreme Court, while issuing a stay on the High Court order, provided clarification that the High Court is expected to assess the bail application based on its merits.
Background of the case
On 23rd May 2023, the Allahabad High Court instructed the Head of the Astrology Department at Lucknow University to assess a rape victim’s Mangalik status by examining her Kundali within a three-week timeframe. Justice Brij Raj Singh’s bench issued the order while considering the bail application of a rape accused. The accused allegedly declined to marry the victim, with whom he had engaged in sexual relations, citing the presence of Mangal Dosha in the girl’s Kundali.
While dealing with a Bail plea of a Rape Accused, the #AllahabadHighCourt has directed the HOD (Astrology Department), Lucknow Varsity to decide whether alleged rape Victim girl is mangali by examining her Kundali.
— Live Law (@LiveLawIndia) June 3, 2023
The accused earlier refused to marry her for being a mangalik. pic.twitter.com/AZ4qVTbVDj
The victim asserts that the accused engaged in sexual relations with her under the false pretence of marriage, with no genuine intention of fulfilling that promise.
During the proceedings in the High Court, the accused’s counsel argued that the marriage between the accused and the victim could not occur due to the victim being a Mangalik. In response to this claim, the victim’s counsel countered by asserting that she does not have Mangal Dosha.
Due to the contradictory assertions made by both parties involved, the Court instructed the Head of the Astrology Department at Lucknow University to determine the girl’s Mangalik status. The Court further directed the parties to submit their respective kundlis to the Head of the Department within a period of ten days.
In astrology, Mangal Dosha (also known as Manglik Dosha or Kuja Dosha) refers to a condition that occurs when the planet Mars (Mangal) is positioned in certain specific houses in a person’s birth chart (Kundli). A person with Mangal Dosha in his or her kundli is said to be a Mangalik person. It is believed to have potentially adverse effects on marriage and relationships. According to traditional beliefs, if a person has Mangal Dosha in their kundli, it is said to bring challenges, conflicts, or even potential harm to their marital life. It is often considered important to consider Mangal Dosha when matching horoscopes for marriage compatibility. However, it’s worth noting that not all astrologers or individuals believe in the significance of Mangal Dosha, and its interpretation may vary among different astrological traditions and practices.
