The Himachal Pradesh High Court has berated the state's principal secretary (social justice and empowerment) for not submitting a report detailing the functioning and affairs of the Tibetan Children's Village (TCV) — an integrated community with its headquarters in Dharamsala.
The high court had, on June 20, directed the secretary to file an affidavit with regard to TCV after a couple, that had been battling the organisation for custody of a six-year-old Tibetan child, filed a petition in the court. The couple — Karma Lama, a composer of Tibetan music and his Italian wife, Paola Pivi, an international artist - had raised eyebrows over the functioning and financial aid being received by TCV. Their counsel Anil Malhotra dubbed it an "unregistered" home and sought a probe.
In a scathing order, the Himachal High Court has now taken the secretary to task for not submitting the report. "In fact, with pain it be observed that he has not even understood the import of the order. The same is evident from the fact that affidavit filed in the Registry is that of the Deputy Secretary, copy of which was handed over in court," reads the order passed last week- a copy of it was made available on Tuesday.
Coming down heavily on the "callousness" with which the affidavit was filed by the government, the High Court further ruled: "This only raises larger issues, with regard to the manner with which authorities and public functionaries are monitoring and examining the affairs of the bodies dealing with the rights of children, who are specially protected under the Constitution of India and the Juvenile Justice Act. Such callous and perfunctory approach and attitude towards sensitive issues needs to be corrected and improved."
Refraining from passing any contempt orders, the Court has held: "Before any further action is taken in the matter, by way of indulgence, another opportunity is afforded to principal secretary to comply with the earlier orders. This is so done only to dispel any ambiguity or confusion in the mind of the officer. It is clarified that principal secretary shall file his personal affidavit clearly dealing with the averments made by the parties in the present petition; compliance of provisions of the Juvenile Justice Act; the laws of concerning child rights".
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