New Delhi
The National Human Rights Commission (NHRC) has taken cognisance of a complaint alleging the systematic misuse and exploitation of young children, aged between 3 and 12 years, for creating and circulating social media content through an Instagram handle reportedly operated from the Marchra area of Etah district in Uttar Pradesh. A Bench presided over by NHRC Member Priyank Kanoongo has issued notices to the Senior Superintendent of Police, Etah; the District Magistrate, Etah; the Secretary, Ministry of Electronics and Information Technology (MeitY); and the Managing Director and Country Head of Meta India, directing them to submit their respective Action Taken Reports (ATR) within two weeks.
The action was initiated on a complaint filed by Sewa Nyaya Utthan Foundation, alleging that minor children, including those from socially and economically vulnerable backgrounds, were being made to appear in videos containing abusive, derogatory and politically charged expressions. The complaint alleged that the children were scripted, tutored and prompted to repeat such expressions, following which the videos were uploaded and circulated publicly for digital reach and engagement. The NHRC observed that the allegations, if established, disclose serious issues concerning the care, protection and dignity of children and their alleged use by adults for the creation, publication and amplification of digital content.
The NHRC directed the Etah SSP to immediately verify the allegations and identify the children appearing in the videos and, wherever warranted, produce them before the competent Child Welfare Committee (CWC) for assessment of their care, protection, safety and well-being. It also directed that necessary counselling and psychosocial support be provided to the children through the CWC or District Child Protection Unit (DCPU), while strictly protecting their identity and privacy. The police have been further directed to ascertain the identity of persons operating or controlling the social media handle, recording or creating the videos, scripting or prompting the children, uploading or circulating the content, or otherwise facilitating or benefiting from the activity. The NHRC said the role, if any, of parents or guardians, tuition or coaching operators and other adults should also be examined.
The apex human rights body directed that the entire digital material be examined and, if commission of any cognisable offence is disclosed, an FIR be registered and investigation undertaken against all persons or entities responsible, including those creating, recording, uploading, circulating or facilitating the content, as well as the concerned social media platform or an intermediary wherever its role or liability is disclosed. The investigation may involve applicable provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, the Bharatiya Nyaya Sanhita, 2023, the Information Technology Act, 2000 and other applicable laws, the NHRC said. The SSP was also directed to ensure the immediate preservation and lawful collection of relevant videos, account information, upload records and other digital evidence so that deletion or alteration of online material does not prejudice the investigation. The District Magistrate has been directed to ensure that the children identified in connection with the alleged content are promptly produced before the CWC, wherever required, and that their safety, care and psychological well-being are assessed. The DCPU has also been directed to facilitate counselling and psychosocial support and assess the circumstances in which the children were allegedly made to participate in such content. The NHRC has separately directed Meta India to examine the Instagram handle and material depicting the minor children and submit a report explaining how such content involving repeated use of young children was permitted to be uploaded, repeatedly circulated and remain accessible on the platform. Meta has also been asked to disclose whether the account or content generated any monetisation, commercial benefit, advertising revenue or other platform-based financial benefit, directly or indirectly.
The social media platform has further been directed to state the action taken to restrict or remove content found violative of applicable law or child-safety policies, while preserving relevant account and content data for lawful investigation. It has also been asked to preserve and, upon lawful request, furnish relevant account registration particulars, login or access records, IP or device information, upload records and other available digital evidence to the investigating agency. The NHRC has directed MeitY to examine how children, particularly those stated by the complainant to be from socially and economically vulnerable backgrounds, were reportedly being repeatedly used in such content and how the platform permitted its continued hosting, circulation and amplification. MeitY has also been asked to examine the platform’s due diligence, child safety and grievance redressal mechanisms and take appropriate action in accordance with law. The NHRC made it clear that the children appearing in the alleged material are to be treated primarily as children requiring protection and appropriate assessment, and that the investigation should focus on identifying the adults or persons responsible for scripting, creating, uploading, controlling or commercially exploiting such content. The NHRC also stressed that the identity, dignity and privacy of the children should be protected at every stage of the proceedings. The SSP, Etah, and the Managing Director and Country Head of Meta India have been directed to submit their respective ATRs, along with supporting documents, within two weeks of receipt of the notice.