Human rights panel probes minors' use as 'shield' during CJP protest in Mumbai

The National Human Rights Commission (NHRC) has taken cognisance of a complaint concerning the reported participation of minor children in a public protest organised by the Cockroach Janata Party (CJP) in Mumbai on October 2 and the subsequent circulation of their photographs and videos on social media.The matter was considered by a Bench presided over by NHRC Member Priyank Kanoongo. The complaint was filed by Satish Vaid, Head of Intervention at the Sewa Nyaya Utthan Foundation.NHRC ISSUES NOTICES TO AUTHORITIESThe complaint refers to social media material showing a child being held above a crowd while slogans were being raised during the protest. It also raises concerns that the participation of minors may have been discussed in advance in groups and chats and that their presence could have been used to avoid or limit police action.The NHRC has issued notices to the Commissioner of Police, Mumbai; the Ministry of Electronics and Information Technology (MeitY); the Grievance Officer of X Corp. for India; and the Principal Secretary of Maharashtra’s Women and Child Development Department. The Commission has directed the Mumbai Police to examine photographs, videos, social media posts and other digital evidence connected to the matter. Police have been asked to register an FIR wherever the material discloses a cognisable offence.POLICE ASKED TO EXAMINE ROLE OF ORGANISERSThe Mumbai Police have also been directed to determine the circumstances in which the children participated in the protest and examine the roles of organisers, coordinators, accompanying adults and others who may have facilitated their presence. The Commission has further ordered the preservation and forensic examination of relevant group and chat communications. The exercise is intended to establish whether the participation of minors was planned in advance and whether their status as children was used to avoid, restrict or discourage lawful police action.The NHRC has also directed authorities to examine whether Sections 75 and 83(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015, or other applicable legal provisions are attracted.SOCIAL MEDIA PLATFORMS ASKED TO PRESERVE EVIDENCEX Corp. and MeitY have been directed to preserve relevant digital evidence and examine compliance with applicable child-safety, content-moderation and statutory due-diligence requirements.The Commission has also sought an examination of the circulation of photographs and videos involving the children, including the accounts responsible for disseminating the material.CHILDREN’S PROTECTION AND PRIVACYThe Maharashtra Department of Women and Child Development has been directed to ensure the care and protection of the children in accordance with the Juvenile Justice Act.Where necessary, the children are to be produced before the competent Child Welfare Committee for counselling, psychosocial support, care, protection and rehabilitation. The NHRC has emphasised that their identities, privacy and dignity must be protected throughout the proceedings.The Commission has sought Action Taken Reports from the concerned authorities within one week.The allegations raised in the complaint will now be examined by the relevant authorities. Any responsibility arising from the matter will be determined on the basis of evidence collected during the investigation.- Ends