NHRC orders probe into mobilisation of minors at Mumbai protest

New Delhi, Oct 3 (SocialNews.XYZ) The National Human Rights Commission (NHRC) has taken cognisance of complaints alleging the use and mobilisation of minor children during the protest held in Mumbai on October 2 and their subsequent exposure through photographs and videos circulated on social media.

A Bench presided over by Member Priyank Kanoongo has issued notices to the Mumbai Police Commissioner; Maharashtra’s Department of Women and Child Development; social media platform X; and the Union Ministry of Electronics and Information Technology (MeitY), directing them to take immediate action and submit Action Taken Reports (ATRs) within one week.

The action has been initiated under Section 12 of the Protection of Human Rights Act, 1993, which empowers the NHRC to inquire into alleged violations of human rights. The apex human rights body observed that the allegations prima facie raise serious concerns relating to the dignity, safety, privacy, protection and possible exploitation of children.

According to the complaints filed by Sewa Nyaya Utthan Foundation and another organisation, posts on X allegedly depicted a young child being held above a crowd carrying the National Flag and a placard, while slogans were being raised and several persons recorded the child on mobile phones. The complaints alleged that children were involved by persons associated with the "Cockroach Janata Party" (CJP), and sought examination of the role of organisers, coordinators, accompanying adults and every person who allegedly brought, prompted, encouraged, facilitated or mobilised the participation of minors in the gathering.

The complaints also referred to purported group and chat discussions concerning the planning and coordination of the protest, where the participation of minors was allegedly discussed in advance. It was specifically alleged that discussions took place regarding the involvement of minors on the premise that police may not detain them, raising concerns over whether their status as children was consciously sought to be used to avoid, restrict or discourage lawful police action.

The material referred to Ajinkya Shinde, Abhijit Dipke, Saurav Das and other persons, whose respective roles, communications and coordination in relation to the alleged planning, mobilisation or facilitation of participation of minors have been directed to be independently verified on the basis of the complete digital trail and other evidence.

The NHRC observed that the issue was not confined to the mere presence of children at a public gathering and said the allegations, if established, could indicate planned mobilisation or instrumental use of minors with knowledge of their age and vulnerability. It further said the allegations raised concerns requiring immediate examination under the child-protection and criminal-law framework, including Sections 75 and 83(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015.

The NHRC has directed the Mumbai Police Commissioner to examine the entire video, photographic, social-media and other digital material concerning the incident and register an FIR wherever commission of cognisable offences is disclosed, followed by investigation strictly in accordance with law.

The police have also been directed to ascertain how the child or children came to be involved in the gathering and identify the organisers, coordinators, accompanying adults, parents or guardians and every person who brought, prompted, encouraged, facilitated or otherwise caused their participation in the gathering, sloganeering or related activities.

The apex human rights body has further directed the police to obtain, preserve and forensically examine material relating to the alleged group and chat discussions, including identification of creators, administrators and relevant participants, besides preserving messages, timestamps and other electronic records.

The police have also been asked to specifically ascertain whether participation of minors was planned in advance and whether any discussion took place about their involvement on the premise that police may not detain them.

The roles and communications of Ajinkya Shinde, Abhijit Dipke, Saurav Das and others are also to be examined, with the NHRC directing that responsibility be determined strictly on the basis of evidence collected during investigation. The police have been asked to examine the applicability of Sections 75 and 83(2) of the Juvenile Justice Act, including the role of persons having actual charge or control over the children and any adult or group found to have used children in circumstances attracting the provisions.

The NHRC also directed the police to examine the digital dimension of the incident and identify persons or accounts which posted, uploaded, coordinated, circulated, promoted or otherwise used photographs or videos of the children. The authorities have been directed to secure and preserve the complete digital evidentiary trail, including original videos and photographs, group or chat communications, posts, reposts, URLs, post IDs, account particulars, timestamps and relevant metadata.

The NHRC directed that necessary preservation and disclosure requests be issued to social media platform X and other concerned intermediaries so that relevant evidence is not deleted, altered or rendered unavailable. The identified children have been directed to be produced before the competent Child Welfare Committee (CWC), with the CWC and District Child Protection Unit (DCPU) asked to assess their circumstances and ensure necessary counselling, psychosocial support, care, protection and rehabilitation.

The NHRC has directed the Mumbai Police Commissioner to submit a comprehensive ATR within one week, detailing the status of the FIR and investigation, verification of alleged prior planning and group-chat discussions concerning minors, persons and organisers identified, the roles of the individuals named in the complaint, social-media accounts identified, action under the Juvenile Justice Act and other applicable laws, preservation of electronic evidence and child-protection measures undertaken.

Meanwhile, media platform X has been directed to preserve the complete digital evidentiary trail relating to the concerned content and accounts, including account particulars, URLs, post IDs, timestamps, registration and login details, IP information and relevant metadata. It has also been asked to provide particulars of the concerned accounts and content, including whether the material has been removed, restricted or disabled and the date and basis of any such action.

The NHRC has further directed X to explain how the content involving children was permitted to be uploaded, hosted and disseminated and whether its child-safety, content-moderation and reporting mechanisms were applied at the relevant stage. The platform has also been directed to disclose the moderation and enforcement action subsequently taken and furnish preserved records and requisite account or content information to the investigating agency upon lawful requisition.

The Secretary, MeitY, has been directed to examine X's compliance with the Information Technology Act, 2000 and applicable IT Rules, 2021, particularly obligations relating to due diligence, child safety, grievance redressal, preservation of information and assistance to law-enforcement agencies.

The MeitY has also been asked to examine whether applicable child-safety and content-moderation safeguards were duly applied and whether any failure of statutory due diligence is disclosed. The NHRC directed MeitY to ensure preservation of the complete digital evidentiary trail and examine the concerned accounts and any coordinated or repeated dissemination or use of children through such content.

It further directed that where any violation or failure of statutory due diligence is established, appropriate action be taken against the intermediary and/or concerned accounts strictly in accordance with law.

The Principal Secretary, Maharashtra Women and Child Development Department, has been directed to ensure rescue, care and protection of the children in accordance with the Juvenile Justice Act.

The NHRC has directed all concerned authorities to protect the identity, privacy, dignity and best interests of the children throughout the proceedings and ensure that no action pursuant to the notice results in further unnecessary exposure or dissemination of their identity.

Source: IANS