Disturbing: SC Stays Allahabad HC Order To Confirm 'Manglik' Status Of Rape Survivor; Know Details

On June 3, 2023, the Supreme Court of India put a stay on Allahabad High Court’s (HC) order to confirm the ‘Manglik’ status of a rape survivor. The HC asked the astrology department of Lucknow University (LU) to look into the horoscope of the woman to verify the claim of the man she accused of having a relationship on the false promise of marriage.

On May 23, 2023, a single-judge bench of the Allahabad HC was hearing a bail petition filed by the accused. The accused said he backed out of the promise after learning that the girl was not ‘Manglik’.

After the intervention of CJI DY Chandrachud, who is currently overseas, on Saturday, a special bench comprising Justices Pankaj Mithal and Sudhanshu Dhulia sat at 3 pm on June 3, 2023.

The bench stayed the order and asked the HC to decide on its merits. The HC asked the LU to submit the horoscope of the survivor in a sealed envelope within a week.

Taking the suo motu cognisance of the order, the bench said, “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 stay…In the meanwhile, there shall be a 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).”

Disturbing: SC’s Remark On Order Confirming ‘Manglik’ Status Of Rape Survivor

The court clarified that it has respect for the sentiments of both the parties on astrology, what happened was ‘totally out of context’ and involved issues of privacy, etc.

Appearing on behalf of the centre, Solicitor General Tushar Mehta called the order ‘disturbing’ and urged the apex court to put a stay on it.

He added, “Astrology is science. Whether the 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 that appeared on behalf of the woman informed the bench of the Supreme Court that the order was passed after both parties shared their consent for it. “The court directed for expert evidence under Section 45 of the Evidence Act.”

Referring to the HC order, Justice Dhulia said, “What has this got to do with the subject matter? It involves so many other features, and the right to privacy has been disturbed. We don’t want to spell out, there are so many aspects.”

The judge added that the apex court was not challenging anything, it was merely focusing on the subject matter in the context of the case.

The counsel of the accused said the marriage could not have been solemnised because the woman was ‘Manglik’, and it is believed to be unfavourable for a couple. But the woman has denied that she is a 'Manglik'.

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Faith vs Court

We spoke to Advocate Nitin Yadav, practising lawyer at the Delhi High Court, to get a better understanding of the case and understand if the argument presented by the accused stands a chance.

He said that astrology is not a part of any law. When hearing cases regarding marriage or relationships, there are special laws, like the Hindu Marriage Act 1955.

However, he added that if we speak about customs where most Hindu families match the kundli of a man and woman before marriage to foresee if their match will be harmonious or not. In such cases, they avoid a union between a 'Manglik' and a non-manglik.

According to astrology, a 'Manglik' person is more likely to cause the early death of their non-manglik partner. It is also associated with hardships and several health hiccups for the spouse.

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In future hearings, the accused can present his faith as a part of his defence arguments. He would, however, have to prove that his intentions with the woman were in the right place. The court would also consider the timeline of when the accused knew about the woman’s 'Manglik' status and when he ended the relationship.

Stay tuned to HerZindagi for more.