SC stays HC order on checking if rape victim 'manglik'

The Supreme Court on Saturday stayed the Allahabad High Court's order directing for horoscope examination of a rape victim by the Lucknow University to ascertain if she was 'manglik'.

A bench of Justices Sudhanshu Dhulia and Pankaj Mithal suspended the operation of the May 23 order, after taking suo motu cognisance of the matter.

Holding a special sitting on Saturday, the court said the High Court's order is totally out of context.

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Solicitor General Tushar Mehta, appearing for the Union government, said the order is very disturbing and may be stayed.

Advocate Ajay Kumar Singh, appearing for the girl, submitted the High Court's order was passed as per the consent of the parties. He also said the matter arose out of reneging of the promise to marriage. He also said the Astrology is nowadays taken as science and taught in universities.

"What is this got to do with the subject matter. We don't want to spell out several issues, including the right to privacy here," the bench said.

"Astrology is a science, no doubt. We respect all this. But the context is not this," the bench added.

The bench thus stayed the operation and effect of the order, saying, "we don't understand why Astrology report was called for". The court also issued notice to the parties, while clarifying that it has not gone into the merit of the matter.

During the hearing on bail plea by accused Gobind Raju, the Lucknow bench of the Allahabad High Court, on May 23, had directed the Head of Department (Astrology Department), Lucknow University to determine if an alleged rape victim is a Mangalik by examining her 'Kundali' within 10 days.

The man claimed the marriage could not be solemnised because the woman was a mangalik. The girl's counsel denied the assertion, prompting the court to order examination of her horoscope.