Supreme Court Rules Internet Access Is a Fundamental Right for Children

India's Supreme Court has declared that accessing and using the internet is a fundamental right for every individual, including children, under Article 21 read with Article 19(1)(a) of the Constitution. A bench of Justices JB Pardiwala and K Vinod Chandran said denying children this right altogether would be absurd.

The court ruled that children cannot be kept completely away from the internet simply because of their age. It stated that safety and freedom are not opposing rights and that children deserve both.

“In view of the foregoing, we have no hesitation in saying that the right to access and use the internet is a fundamental right of every individual under Article 21 read with Article 19(1)(a) of the Constitution.”

The order directs the Centre to create a national database for detecting and removing sexually explicit visual content involving minors on digital platforms. The case was brought by the NGO Just Rights for Children Alliance, which highlighted an alarming rise in child sexual exploitation and abuse material on social media.

The court clarified that its ruling does not rule out age-based restrictions. It suggested safeguards such as parental consent, guidance, oversight, and a dedicated child mode for social media accounts.

The 137-page order was passed on October 15. Senior advocate HS Phoolka represented the NGO.