Supreme Court's October 15 decision, delivered by a bench headed by Justice J B Pardiwala, declared internet access a fundamental right for children under Articles 21 and 19(1)(a). The court held that denying children this right would be absurd, citing its role as a marketplace of ideas and the fact that for many rural youngsters it is the only source of learning.
Yet the court acknowledged the current internet landscape is unsafe for minors, calling for age‑based safeguards. It rejected blanket bans, noting that such measures would push children to unregulated platforms and could deter them from reporting abuse.
The judgment was issued in response to a public interest litigation by NGO Just Rights For Children Alliance, represented by Senior Advocate HS Phoolka, which sought stricter rules to curb child sexual exploitation online. The court directed the government to strengthen mechanisms for detecting and removing child‑sexual‑exploitation material and to formalise statutory rules for minors.
In a separate but related bench, Chief Justice Surya Kant had already urged the Centre to enforce an 18‑year minimum age threshold for independent social‑media account creation. Following the October ruling, the government is expected to amend the IT and intermediary rules within weeks, bringing India’s digital child‑protection framework into sharper focus.