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NHRC orders probe into alleged use of minors as 'shields' at CJP's Mumbai protest

The NHRC has taken cognisance of complaints that minor children were mobilised at the CJP's October 2 Shivaji Park protest demanding the CEC's resignation, and their photos circulated online. Notices to Mumbai Police, Maharashtra WCD, MeitY and X; FIRs where offences surface; report within a week.

By The Justice Bureau

· 3 min read

The National Human Rights Commission building in New Delhi (file photo)
The NHRC took cognisance of the complaints under Section 12 of the Protection of Human Rights Act, 1993. Photo: Prince_Xiu, via Wikimedia Commons
The National Human Rights Commission has taken cognisance of complaints alleging that minor children were mobilised for a protest in Mumbai on October 2 and that their photographs and videos were then circulated on social media, ordering a formal inquiry with a report due within a week. A Bench presided over by NHRC Member Priyank Kanoongo acted under Section 12 of the Protection of Human Rights Act, 1993, after complaints from the Sewa Nyaya Utthan Foundation — filed by its Head of Intervention, Satish Vaid — and another organisation. The protest, organised by the CJP, was held at Shivaji Park to demand the resignation of Chief Election Commissioner Gyanesh Kumar. It followed a report in The Indian Express that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded written dissents on at least 14 occasions over a ten-month period. According to the complaints, posts on X showed a young child being held above a crowd carrying the National Flag and a placard while slogans were raised, as several people recorded the child on their mobile phones. The complaints further alleged that the participation of minors had been discussed in advance in group chats used to plan the protest. The Commission observed that the issue was "not confined to the mere presence of children at a public gathering", and that the allegations, if established, pointed to 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". Notices have been issued to the Commissioner of Police, Mumbai; the Secretary of the Union Ministry of Electronics and Information Technology; the grievance officer of X Corp for India; and the Principal Secretary of Maharashtra's Women and Child Development Department. X has been directed to preserve the relevant digital evidence. The Mumbai Police must examine photos, videos, posts and chats, fix the roles of organisers, coordinators and accompanying adults, and register FIRs wherever the material discloses a cognisable offence. The women and child development department must ensure rescue, care and counselling for affected children through the Child Welfare Committee, protecting their identity and dignity. Action Taken Reports are due within a week, and the Commission has flagged provisions of the Juvenile Justice Act, including Sections 75 and 83(2). Speaking to IANS, Kanoongo compared the alleged conduct to "practices in Syria and other terror-affected countries, where children are used as shields", named CJP leaders Abhijeet Dipke and Saurav Das, and said the Commission had directed the Mumbai Police to lodge an FIR under the Bharatiya Nyaya Sanhita, 2023. Two things can be true at once: children must never be stage props at a protest, and an NHRC member's battlefield metaphors must not turn a child-protection inquiry into a political weapon. The Commission's credibility will rest not on the severity of its statements but on whether these children get counselling, protection and anonymity — or merely a headline. The Justice will follow the Action Taken Reports when they are filed.

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