The National Commission for Protection of Child Rights directed the Mumbai police to file an FIR against Shiv Sena leader Aaditya Thackeray for ‘using’ children in the ‘Save Aarey’ protest over the weekend. The law, however, clearly states that all citizens of India, irrespective of age, can protest
File image of a boy holding a poster as he protests against the destruction of Aarey forest for constructing a metro train car shed, in Mumbai. AFP
There’s no relief for the Thackeray family. While Uddhav Thackeray attempts to keep the Shiv Sena together, after Eknath Shinde successfully carried out a rebellion that saw him being made chief minister of Maharashtra, his son, Aaditya Thackeray, is now facing legal troubles over a protest.
The National Commission for Protection of Child Rights (NCPCR), responsible for protecting children’s rights in the country, asked Mumbai Police on Monday to file an FIR against Yuva Sena chief Aaditya Thackeray for “using” children during a ‘Save Aarey’ protest over the weekend.
On Sunday, people had gathered at Aarey Colony in Mumbai’s suburban area of Goregaon to protest against the Eknath Shinde-led government’s decision to shift the Metro-III depot back to its original 33-acre plot at green lung of the city.
The junior Thackeray had participated in the protest and shared images through Twitter which showed some children holding placards.
The demand for an FIR came after the NCPCR received a complaint from Dhrutiman Joshi alleging that Aaditya Thackeray used minor children in the protest or political campaigns in so-called ‘Save Aarey’ protest.
NCPCR registrar Anu Chaudhary said that the child rights body had taken cognisance of the matter and was of the view that the children at the protest was in contravention of Section 75 of the Juvenile Justice (Care and protection of Children) Act.
The Shiv Sena was quick in its rebuttal and questioned the police action. Shiv Sena MP Priyanka Chaturvedi slammed the NCPCR, asking if this was a new form of intimidation to stop citizens from protesting.
The entire incident begs the question: is it legal for minors to participate in protests?
What the law says
There is no clear law that states that children are allowed to participate or not in protests.
The Constitution of India under Article 19 provides the freedom to protest peacefully and lawfully, and this right reasonably extends to children as well.
According to Article 19(2), the right to protest can be restricted for various reasons, including protecting the sovereignty and integrity of India, the security of the state, relations with foreign states, public order, decency or morality.
Considering the fact that the children were protesting peacefully and for legitimate reasons, the restriction on their right to protest does not fall under any of the possible basis in Article 19(2).
Additionally, the United Nations Convention on the Rights of the Child (UNCRC), which India has ratified, expressly recognises in Article 13 that freedom of expression of the child includes the “freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice.”
The Constitution and the CRC mention that no restrictions can be placed on these freedoms excerpt for the “purposes of safeguarding the sovereignty, integrity and security of the state, friendly relations with foreign states, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence”.
Article 15 of the UNCRC also protects children’s freedom to associate and peaceful assembly. These rights can only be restricted by provisions which are “necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.”
In fact, in 2019, UNICEF’s Executive Director Henrietta Fore had said, “Children’s rights to peaceful assembly and freedom of expression, including in peaceful protest, are enshrined in the Convention on the Rights of the Child, the most widely ratified human rights treaty in the world. It is incumbent on member-states to ensure that children can exercise this right in a safe and peaceful manner.”
Children participating in protests
In 2019, when the country witnessed massive protests against the Citizenship Amendment Act (CAA), the Supreme Court had fumed over the participation of children at protests after a four-month-old infant had died at Delhi’s Shaheen Bagh during the anti-CAA protest.
The top court had then said “children shouldn’t be treated badly in society”. It had also asked, “Can a four-month-old go to protest?”
In the same year, NCPCR had written had written to the deputy director of education, Mumbai, asking for a probe into allegations of school children being made to participate in a protest against the Metro-3 car shed.
Earlier in June, the NCPCR chief had taken cognisance of children participating in ‘violent demonstrations’ over controversial remarks made against Prophet Muhammad.
NCPCR chief Priyank Kanoongo had claimed that children were used in many of these “violent demonstrations”. “Instances of use of children in violent demonstrations have come to notice again today. Strict legal action will be taken and not a single extremist (‘charampanthi’) will be spared,” Kanoongo had said in a tweet in Hindi.
With inputs from agencies
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