The Supreme Court stayed an unusual order of the Allahabad High Court, seeking a report from the head of the astrology department at Lucknow University on the “manglik status” of the victim in a rape case. The court, which held a special sitting on Saturday, took suo motu cognisance of the matter and observed it does not understand why the “astrology report is called for” while hearing a bail application. “How did HC enter into this astrology area here?” it asked.
The high court had passed the order on May 23 directing the astrology department of the Lucknow University to study a woman’s ‘kundali’ (horoscope or birth chart) to ascertain if she was a “manglik” as the accused in the case had given it as a reason for refusing to marry her. The victim had alleged that the accused had established physical relations with her on a false promise of marrying her.
Seeking relief before the HC, the counsel for the accused had argued that the woman was ‘manglik’ and, therefore, the marriage could not be solemnised and it was also the reason why the accused had refused to marry her. But the contention was opposed by the counsel for the victim, who claimed that she was not ‘manglik’ and the accused had intentionally made a false promise of marriage.
The single judge bench of Justice Brij Raj Singh had asked for the report to be submitted to the court in a sealed cover within three weeks. Taking note of the submission by both parties and their consent, the single judge bench had observed that the issue of the victim being ‘manglik’ may be decided by the head of the astrology department at Lucknow University.
Accordingly, the judge had directed both parties to produce their ‘kundali’ (horoscope or birth chart) before the HOD within 10 days from the date of the order and directed that a report on the matter should be submitted within three weeks.
In a rape case, under Indian criminal law, consent plays an important role. So when a man engages in sexual intercourse with a woman under the false pretext of marrying her, it is treated as being against her will since the intention is to deceive the woman. A breach of promise to marry after sexual relations are established, however, does not fall under the definition of rape as given under Section 375 of the Indian Penal Code. In a catena of cases, the Supreme Court has distinguished between “false promise of marriage” and “not fulfilling the promise of marriage”.
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