“He Apologised for Being Playful”: Delhi HC Rejects Plea Against Dalai Lama for Kissing Child

Today (on 9th July), The Delhi High Court rejected a plea filed by NGOs seeking action under the POCSO Act against the Dalai Lama over a controversial incident involving a child. The Division Bench, including Acting Chief Justice Manmohan and Justice Tushar Rao Gedela, dismissed the plea.

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"He Apologised for Being Playful": Delhi HC Rejects Plea Against Dalai Lama for Kissing Child

NEW DELHI: Today (on 9th July), The Delhi High Court dismissed a plea seeking action under the Protection of Children from Sexual Offence Act (POCSO Act) against the renowned spiritual leader, the Dalai Lama, following a controversial incident involving a child.

The plea, filed by several non-governmental organizations, was brought before a Division Bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela.

Court Observations on the Incident

“The Dalai Lama has apologized, explaining that his actions were meant to be playful and should be understood in the context of Tibetan culture.”

the Court observed, indicating a nuanced understanding of the cultural context surrounding the incident. This statement highlighted the importance of considering cultural differences when interpreting actions and their implications.

The incident in question dates back to 2023, when a video surfaced showing the Dalai Lama engaging in a controversial act with a young boy. The video, which quickly went viral, depicted the Tibetan spiritual leader kissing the boy and asking him to “suck his lips.” This prompted widespread public outrage and led to numerous calls for action against the Dalai Lama.

Public Reaction and Apology

Following the backlash, the Dalai Lama promptly issued an apology, expressing regret for his actions. The apology aimed to address the concerns raised by the public and to clarify the intent behind the incident. Despite this, the video continued to attract angry reactions from social media users, with many describing the act as “disgusting.”

In their judgment, the High Court noted the timing and context of the incident, stating,

“The incident occurred over a year and a half ago, unfolding in full public view, with the child expressing clear intent and desire to meet the Dalai Lama.”

This observation underscored the fact that the incident occurred openly and with the child’s willingness to interact with the spiritual leader.

The video, which sparked a wide array of interpretations and reactions, was scrutinized under the gavel, with the court ultimately dismissing a Public Interest Litigation (PIL) related to the incident.

The Bench, presiding over the matter, highlighted the cultural backdrop against which the interaction occurred, suggesting that the spiritual leader’s actions were intended to be lighthearted.

“If the video is viewed in its entirety, it can be seen that Respondent No. 4 (Dalai Lama) was attempting to playfully engage and amuse the child. This should also be considered within the context of Tibetan culture. Additionally, it is pertinent to note that he leads a religious sect with strained relations with a foreign power. The court also acknowledges that Respondent No. 4 has already apologized to anyone who may have been offended by his actions.”

-the Bench recorded in its order.

The legal counsel representing the petitioner raised concerns about the child’s privacy and the potential normalization of inappropriate interactions under the guise of religious and cultural practices.

“The video has been widely published by several media houses, and orders should at least be passed to redact the child’s identity.”

-the petitioner’s lawyer told the Bench.

He further urged the authorities to take proactive measures:

“I am not here to bring his holiness (Dalai Lama) under scanner but the authorities must intervene and take suo motu investigation… This will normalise kissing a child on the lips. There are many babas and gurus who force children to participate in such acts,”

-the counsel expressed.

In response, the Court remarked that there was no public interest in the PIL and highlighted the existence of more severe issues involving other religious figures.

“There are many babas who physically assault and mistreat people. What can we do about that? People seem to accept it. Next, someone might complain about a bad handshake.”

-Acting Chief Justice Manmohan observed.

He further noted that if the parents of the child in the video were truly aggrieved, they would take appropriate action.

The controversy arose from a video that showed the Dalai Lama interacting with a child in a manner some found inappropriate. The Dalai Lama has since apologized, explaining that his actions were meant in a playful manner, and underscored the importance of considering the cultural context of Tibetan traditions.

CASE TITLE:

Confederation of NGOs & Anr vs. Union of India & Ors.

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author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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