NHRC Orders Probe into Alleged Mobilisation of Minors at Mumbai Protest, Seeks Reports Within a Week

The National Human Rights Commission (NHRC) has ordered an investigation into allegations that minor children were mobilised and used during a protest in Mumbai on October 2, raising concerns over their safety, privacy, dignity and possible exploitation.

A Bench presided over by NHRC Member Priyank Kanoongo has issued notices to the Mumbai Police Commissioner, Maharashtra’s Women and Child Development Department, 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 Commission took cognisance of complaints filed by Sewa Nyaya Utthan Foundation and another organisation, alleging that children were deliberately involved in the protest and that their photographs and videos were subsequently circulated on social media.

The complaints referred to posts on X purportedly showing a young child being held above a crowd carrying the National Flag and a placard while slogans were being raised. Several people were allegedly seen recording the child on their mobile phones.

The complainants alleged that individuals associated with the “Cockroach Janata Party” (CJP) were involved in mobilising minors and sought an investigation into the roles of protest organisers, coordinators, accompanying adults and others who may have facilitated the children’s participation.

The complaints also referred to alleged group and chat discussions in which the participation of minors was purportedly planned in advance. One of the allegations was that their involvement was discussed on the premise that the police might not detain children, raising questions about whether their vulnerability was deliberately used to discourage lawful police action.

Ajinkya Shinde, Abhijit Dipke, Saurav Das and other individuals have been named in the complaints. The NHRC has directed the police to independently verify their alleged roles, communications and involvement in the planning or facilitation of the children’s participation, with responsibility to be determined strictly on the basis of evidence.

The Commission observed that the allegations went beyond the mere presence of children at a public gathering. If established, they could indicate planned mobilisation or the instrumental use of minors, with knowledge of their age and vulnerability.

The NHRC has directed the Mumbai Police Commissioner to examine all video recordings, photographs, social media posts and other digital material related to the incident and register an FIR wherever cognisable offences are disclosed. The investigation must be conducted in accordance with the law, including examination of the applicability of Sections 75 and 83(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015.

The police have been asked to identify the organisers, accompanying adults, parents or guardians and all other persons who may have brought, prompted, encouraged or facilitated the participation of children in the protest, including in sloganeering and related activities.

The investigation will also cover alleged prior planning and coordination through group chats and other digital communications. The police have been directed to identify the creators, administrators and relevant participants of such groups and preserve messages, timestamps and other electronic records for forensic examination.

The Commission has further ordered an examination of the digital dissemination of photographs and videos involving the children, including the identification of accounts and individuals responsible for uploading, circulating, promoting or otherwise using the content.

Authorities have been directed to preserve the complete digital evidence, including original photographs and videos, URLs, post IDs, account details, timestamps, metadata, reposts and relevant communications. Preservation and disclosure requests are also to be issued to X and other concerned intermediaries to prevent the deletion, alteration or loss of evidence.

The identified children are to be produced before the competent Child Welfare Committee (CWC). The CWC and the District Child Protection Unit (DCPU) have been asked to assess their circumstances and provide appropriate counselling, psychosocial support, care, protection and rehabilitation.

The NHRC has directed the Mumbai Police Commissioner to submit a comprehensive ATR within one week, covering the status of the FIR and investigation, verification of alleged prior planning, identification of persons involved, examination of the named individuals’ roles, action under the Juvenile Justice Act, preservation of electronic evidence and child-protection measures undertaken.

X has separately been directed to preserve the complete digital records relating to the content and accounts concerned, including registration and login details, IP information, URLs, post IDs, timestamps and relevant metadata.

The platform must also disclose whether the content has been removed, restricted or disabled, along with the date and basis of any such action. It has been asked to explain how the content involving children was allowed to be uploaded and disseminated, whether its child-safety and content-moderation mechanisms were applied, and what enforcement measures were subsequently taken.

X has also been directed to furnish preserved records and relevant account and content information to the investigating agency upon lawful requisition.

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

MeitY must also assess whether the applicable child-safety and content-moderation safeguards were implemented and whether any failure of statutory due diligence is evident. If violations are established, appropriate action is to be taken against the intermediary or concerned accounts in accordance with the law.

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

The NHRC has emphasised that all authorities must safeguard the identity, privacy, dignity and best interests of the children throughout the proceedings and ensure that the action taken does not result in their further exposure or identification.