SC stays Allahabad HC order which directed to examine woman's kundali, asks "why astrology aspect was considered"
Jun 03, 2023
New Delhi [India], June 3 : The Supreme Court on Saturday put a stay on the order of the Allahabad High Court's Lucknow bench which directed the Head of the Astrology Department in Lucknow University to determine if an alleged rape victim is a Mangali/Mangalik by examining her 'Kundali' and said that right to privacy has been disturbed.
In a special sitting, SC took suo moto cognizance and issued notice to Uttar Pradesh state, the complainant and the applicant related to the matter.
A special bench headed by Sudhanshu Dhulia said that they stay the operation of the order passed by the Lucknow bench of the Allahabad High Court on May 23.
The top court said that they don't understand why the astrology aspect was considered. The court also remarked that the right to privacy has been disturbed along with many other issues.
Solicitor General Tushar Mehta, who has also urged the top court to stay the order, said that he is extremely grateful and the HC court should not have gone into the issue relating to astrology.
Allahabad High Court has passed the order on May 23 while considering the bail application in a case of alleged rape through false promise of marriage.
The top court said that at this stage they say nothing on the merits of the case except that in the interest of justice.
The court said that the matter will be taken up on the next date of listing and will be decided on its merits. The court issued a notice to the concerned parties.
In the Allahabad HC, counsel for the applicant argued that the prosecutrix is mangali, therefore, marriage could not be solemnized and the same has been refused.
On the other hand, Vivek Kumar Singh, counsel for the prosecutrix has submitted before Allahabad HC that the girl is not mangali.
Allahabad High Court said, "Let the Head of Department (Astrology Department), Lucknow University may decide the matter whether the girl is mangali or not and the parties will produce the kundali before the Head of Department (Astrology Department), Lucknow University within ten days from today."
HC directed the HOD in Lucknow University to submit a report in a sealed cover within three weeks to this Court.
