The Supreme Court has ruled that children have a fundamental right to use the internet, asking the government to consider safer social media settings instead of sweeping age-based bans. In an order dated October 15, Justices JB Pardiwala and K Vinod Chandran said young users deserve constitutional protection and directed stronger action against online material involving the sexual abuse of children.
“The safety of our children and their freedom are not at odds with each other. The court made clear that children enjoy these rights regardless of age. The judges examined whether barring children from social media would make them safer. Requiring every user to prove their age could involve collecting sensitive personal information and create risks to privacy. The latest order expressly covers access to and use of the internet, including for children.
In 2020, the court protected freedom of speech and business conducted through the internet without deciding whether access itself was a fundamental right. A 2025 judgement recognised digital access as part of the right to life.
Our children are entitled to both,” the judges said. They said such restrictions could drive children towards less regulated websites, where parents and authorities would have even less knowledge of their activity. Children subjected to threats or manipulation online might also hesitate to tell a parent or teacher if they feared punishment for using a prohibited service, the court said. The court also said the government could restrict access to particular services or material that is inherently harmful to children, including adult-content websites.
