Supreme Court stays Allahabad High Court’s decision in bail application in the rape-on-marriage promise case

On June 03, a special sitting was held in the Supreme Court where a vacation bench comprising Justice Pankaj Mithal and Justice Sudhanshu Dhulia stayed an order of the Allahabad High Court in the rape on marriage promise case. The Allahabad HC directed the Lucknow University’s astrology department to determine whether an alleged rape victim is a Mangaku/Mangalik by examing her Kundali. The Supreme Court stayed this order after taking suo motu cognizance of the High Court’s ruling. The matter was presented before the High Court as the accused filed a bail application in the rape-on-marriage promise case. In this case, the victim argued that on a false promise of marriage to her, the accused made sexual relations with her. The victim also mentioned that the accused never intended to marry her.

Further, the accused submitted that the marriage between the victim and the accused could not be solemnized because the victim is a ‘Manglik’. This argument was directly refused by the Counsel appearing for the victim. After hearing the claims of both parties, the High Court directed the Astrology Department of Lucknow University to decide whether the girl is Mangalik or not and directed the parties to submit their Kundali before the Head of Department of Astrology Department within 10 days.

The matter was further mentioned before the Supreme Court’s vacation bench. During the proceedings, Solicitor General of India Tushar Mehta was asked by the bench whether he saw the order to which he replied, “I have seen the order and it is very disturbing. It may be stayed.” The lawyer appearing for the complainant mentioned that High Court’s order was passed with the consent of both parties and submitted that Astrology is a subject taught at University. In this context, Justice Sudhanshu 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 subject matter linking to this.” SG further added, “Astrology is a science. We are not on that. We are saying that while entertaining an application by a judicial forum, can this be a question.” Moreover, Justice Pankaj Mithal also expressed his disagreement with the involvement of Astrology as a subject in the case. 

The order of the vacation bench reads as “This Court takes a Suo Motu Cognizance of this case which has been placed before us. The order passed by the learned Single Judge of the Allahabad High Court (Lucknow Bench) on 23rd May 2023 while considering a bail application is the subject matter of this case. 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 be stayed.”