Delhi High Court nixes PIL over Dalai Lama ‘kissing’ video row, says he apologised already

In its order, a division bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela said, “This court has seen the video and finds that it has happened in full public glare” The court said it was the minor who had expressed his desire and intent to meet and hug the 89-year-old Dalai Lama.

“The incident, which is more than a year old, has also to be seen in the context of Tibetan culture wherein it is portrayed that sticking one’s tongue out is a form of greeting. If the video is seen in its overall perspective, it can be said that respondent No.4 was trying to be playful with the child. If the parents of the minor child were offended, they would have taken action in accordance with law. It is pertinent to mention that it is not the petitioner’s case that the parents of the minor child are poor or socially and economically backward or persons with disability, or not in a position to assert their rights,” the order stated.

The bench also took “judicial notice” of the fact that the Tibetan Spiritual leader had already “expressed his apology” to those who may have been offended by his action. It further said that the Dalai Lama “heads a religious sect which is not on the best of terms with some nation-states” must also be considered while dealing with such issues.

In view of its observations, the bench said that the matter should “not be entertained as Public Interest Litigation” and dismissed the plea.

The petitioner, Confederation of NGOs, which works to safeguard child welfare, had also sought issuance of directions to the Union Ministry of Women and Child Development to take appropriate actions against the “owners of news portals, websites, social media portals who leaked the identity and image of the child” in question and redact his identity.

During the hearing, the petitioner’s counsel said while their intent was not to put “His Holiness under the scanner”, they felt that the authorities did not take note of the incident and they should have issued a statement at the very least.

She stated that the petitioner had reached out to authorities such as the National Commission for Protection of Child Rights (NCPCR) but did not receive a response. The counsel also said this would “normalise kissing of children on the lips”. The high court orally said that the government would examine the issue and that there was “nothing of public interest” in the matter.

It further orally said, “There are a large number of gurus who thrash people. We have seen that also. We can’t get into all this. It’s not our domain. If you want to then you can file an appropriate proceeding. Next someone will say I got a bad handshake… If the parents of the boy are aggrieved, they are entitled to file a proceeding.”