New Delhi: The NHRC has sent notices to the Mumbai Police chief, the Ministry of Electronics and Information Technology, and other authorities in the wake of a complaint alleging mobilisation and involvement of minors in a public protest held in Maharashtra’s capital October 2, officials said Saturday.
It has also sought action-taken reports from them within one week, they said.
The complainant has also alleged subsequent publication and circulation of photographs and videos related to these minors linked with the protest on social media platforms, the rights panel says in its proceedings.
The complaints refer to posts published on a social media platform allegedly depicting a child being held above a crowd, carrying the national flag and a placard, while slogans were being raised, and several persons were recording it on mobile phones, the NHRC proceedings read.
It has been claimed that “children were involved” by persons described in the complaints as allegedly associated with the Cockroach Janata Party (CJP), “requiring examination of the role of the organisers or coordinators, accompanying adults and every person who brought, prompted, encouraged or facilitated the participation of children in the gathering,” it said.
The complaints further refer to “purported group/chat discussions” said to relate to the planning and coordination of the protest, wherein the participation of minors was allegedly discussed in advance, read the proceedings of a bench of the National Human Rights Commission (NHRC).
It is specifically alleged that discussions took place regarding the involvement of minors “on the premise that the police may not detain them, thereby raising concern as to whether the status of children as minors was consciously sought to be used to avoid, restrict or discourage lawful police action,” the body said.
There was no immediate reaction from the CJP.
The bench led by NHRC member Priyank Kanoongo has taken cognisance of the complaint.
The Commission has also received complaints from Sewa Nyaya Utthan Foundation and another organisation regarding the matter, it added.
The NHRC said it observes that the issue is not confined to the mere presence of children at a public gathering.
“The allegations, if established, raise a more serious concern regarding the planned mobilisation or instrumental use of minors with knowledge of their age and vulnerability, including their possible use as a shield against lawful police action, besides their exposure through photographs/videos subsequently disseminated on social media,” read the proceedings.
The allegations, therefore, raise “serious concerns regarding the dignity, safety, privacy, protection and possible exploitation of children”, and require immediate examination under the child protection framework, including the Juvenile Justice (Care and Protection of Children) Act, 2015, particularly Sections 75 and 83(2) thereof, it added.
The role of persons having actual charge or control over the children, organisers, accompanying adults and any adult group alleged to have planned, prompted, facilitated or used children shall accordingly require examination, the proceedings add.
The commission said it is of the view that the allegations disclose a prima facie “serious child rights and human rights concern”, warranting immediate intervention under Section 12 of the Protection of Human Rights Act, 1993.
Accordingly, the registry is directed to issue notices to the Commissioner of Police of Mumbai; the Secretary, Ministry of Electronics and Information Technology (MeitY); and the Grievance Officer of X (formerly Twitter) for India; and the Principal Secretary, Department of Women and Child Development, Maharashtra government, it said.
The action taken reports, along with supporting documents, shall be submitted to the commission within a week from the date of receipt of the notice, the rights panel said.
The Mumbai Commissioner of Police; MeitY secretary; and the X Corp. “shall ensure that the identity, privacy, dignity and best interests of the child/children are protected throughout the proceedings and that no action pursuant to this notice results in further unnecessary exposure or dissemination of their identity,” the proceedings said.
Further, the Maharashtra government’s WCD department principal secretary is to “ensure rescue, care and protection of children as per the JJ Act”.
The commissioner of police shall ensure investigation into the matter and “register FIR forthwith wherever commission of cognisable offences is disclosed,” it added.
They shall also “obtain, preserve and forensically examine the complete material relating to the alleged group/chat discussions and communications concerning the planning and coordination of the protest,” the proceedings read.
Besides, the Mumbai Police should immediately secure the digital evidence, it said, adding that requests shall be issued to X and other platforms concerned.
X has been directed to “immediately preserve the complete digital evidentiary trail relating to the impugned content and concerned accounts, including account particulars, URLs/post IDs, timestamps, registration/login/IP details and relevant metadata,” the proceedings read.
