NHRC orders UP Police to identify adults exploiting minors in Instagram videos
Synopsis
Key Takeaways
The National Human Rights Commission (NHRC) has taken cognisance of a complaint alleging the systematic exploitation of children aged between 3 and 12 years for the creation and circulation of social media videos through an Instagram handle reportedly operated from the Marchra area of Etah district in Uttar Pradesh. The Commission has issued notices to multiple authorities and directed an investigation into the alleged misuse of minors for digital content creation and amplification.
What the Complaint Alleges
The complaint was filed by Sewa Nyaya Utthan Foundation, which alleged that minor children — including those from socially and economically vulnerable backgrounds — were being scripted, tutored and prompted to repeat abusive, derogatory and politically charged expressions on camera. The resulting videos were then reportedly uploaded and publicly circulated to maximise digital reach and engagement.
A Bench presided over by NHRC Member Priyank Kanoongo observed that the allegations, if established, disclose serious concerns regarding the care, protection and dignity of children, and their alleged use by adults for the creation, publication and amplification of digital content.
Notices Issued and Key Directions
The NHRC has directed the Senior Superintendent of Police (SSP), Etah; the District Magistrate, Etah; the Secretary, Ministry of Electronics and Information Technology (MeitY); and the Managing Director and Country Head of Meta India to submit their respective Action Taken Reports (ATR) within two weeks.
The Etah SSP has been directed to immediately verify the allegations, identify the children appearing in the videos, and — wherever warranted — produce them before the competent Child Welfare Committee (CWC) for an assessment of their care, protection, safety and well-being. Necessary counselling and psychosocial support is to be provided through the CWC or the District Child Protection Unit (DCPU), with strict protection of the children's identity and privacy.
Police have also been directed to ascertain the identity of all persons involved in operating or controlling the social media handle, scripting or prompting the children, recording the videos, and uploading or commercially benefiting from the content. The Commission specified that the role of parents, guardians, tuition operators and other adults must also be examined.
FIR, Evidence Preservation and Legal Framework
The NHRC directed that if examination of the digital material discloses the commission of any cognisable offence, an FIR be registered and an investigation launched against all responsible persons or entities — including the social media platform or intermediary, wherever liability is disclosed. The SSP was also directed to ensure immediate preservation of relevant videos, account information, upload records and other digital evidence to prevent deletion or alteration that could prejudice the investigation.
The Commission noted that the investigation may involve 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.
What the NHRC Has Asked of Meta India
Meta India has been directed to examine the Instagram handle and related content, and submit a report explaining how material depicting repeated use of young children was permitted to be uploaded, circulated and remain accessible on the platform. Meta has also been asked to disclose whether the account or content generated any monetisation, advertising revenue or other platform-based financial benefit — directly or indirectly — and to preserve all account registration particulars, login records, IP or device information and upload records for lawful investigation.
MeitY's Role and Child Protection Emphasis
MeitY has 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 clear that children appearing in the alleged material are to be treated primarily as children requiring protection and appropriate assessment, and that the investigation must remain focused on identifying the adults responsible for scripting, creating, uploading, controlling or commercially exploiting the content.
This case comes amid growing national and regulatory scrutiny of how short-video platforms and social media handles in India handle content involving minors. The NHRC's intervention underscores that child digital exploitation — even in non-explicit content — can attract the full force of child protection law when adults are found to be scripting, directing or monetising a child's appearance.