The story so far: As a sea of protesters under the banner of the Cockroach Janta Party (CJP) gathered at Mumbai’s Shivaji Park on October 2 , a child carrying the national flag in one hand was lifted above the crowd and made to sit on a man’s shoulders. Others held placards demanding the resignation of Chief Election Commissioner Gyanesh Kumar, amid politically charged and abusive slogans. Some protesters recorded the proceedings on their phones, with videos later shared on social media.
The bench also flagged the exposure of the children through photographs and videos subsequently disseminated on social media. The Ministry of Electronics and Information Technology (MeitY) was asked to examine compliance with the Information Technology Act and IT Rules, including due-diligence and preservation obligations. The Commission sought details of the children and how they had been brought to the campaign. It also asked Karnataka Police to act against DK Shivakumar over his interaction with schoolchildren during the Mekedatu padayatra. “There is no general age-based exclusion of children from this constitutional guarantee.
The National Human Rights Commission’s (NHRC) cognisance follows a complaint by Satish Vaid, Intervention Head, Sewa Nyaya Uthan Foundation, a Delhi-based NGO established in 2020. In May 2019, the National Commission for Protection of Child Rights (NCPCR) chairperson, Mr Kanoongo, issued a notice to Congress leader Priyanka Gandhi Vadra over a video showing children allegedly participating in election campaigning and raising slogans. In 2022, the NCPCR asked the Election Commission to act against Congress leader Rahul Gandhi and the Congress over children’s participation in the Bharat Jodo Yatra.
The foundation works on social welfare, legal support and community development for marginalised groups, according to the organisation’s website. The Commission’s bench, headed by member Priyank Kanoongo, said the matter was not confined to the mere presence of children at a public gathering. It said that, if the allegations are established, they could raise more serious concerns about the planned mobilisation or instrumental use of minors despite their age and vulnerability, including their possible use as a shield against lawful police action. Ms Gandhi Vadra said she had stopped the children from raising inappropriate slogans. No provision makes a child’s mere presence at a peaceful protest an offence,” he said.
