India's Supreme Court declares internet access a fundamental right for children

NEW DELHI — India’s Supreme Court has ruled that children, regardless of age, have a fundamental right to access and use the internet, stressing that protecting minors from online harm must not come at the expense of their constitutional freedoms.A bench comprising Justices Jamshed Burjor Pardiwala and Vinod K. Chandran held that internet access is protected under Article 21, read with Article 19(1)(a), of the Indian Constitution, which safeguard the right to life and personal liberty and freedom of speech and expression.”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 court said.The judges emphasized that children enjoy the same constitutional protections as adults, rejecting the notion that their age could justify denying them internet access altogether.The court said denying children these rights would be as unreasonable as suggesting that minors do not possess a conscience deserving protection or freedom of expression worth safeguarding.”The safety of our children and their freedom are not at odds with each other. Our children are entitled to both,” the order stated.The ruling came during proceedings on a petition filed by a nongovernmental organization alleging serious failures by online intermediaries to address child sexual exploitation and abuse material (CSEAM).The Supreme Court directed the federal government to provide details of the technological tools and safeguards used by online platforms to identify and remove such material.Among its directives, the court ordered the government to establish a national database of digital hashes and URLs specifically designed to detect and remove child sexual exploitation and abuse material.It also called for digital safety and age-appropriate sex education to become part of the core school curriculum.”Digital safety and age-appropriate sex education must form a part of the core curriculum,” the court said.The decision comes amid growing international debate over children’s access to digital platforms, with several countries introducing or considering age-based restrictions on social media.Earlier this year, India’s chief economic adviser proposed age-based policies governing access to digital platforms, warning that younger users are particularly vulnerable to compulsive internet use and harmful online content.India has one of the world’s largest digital populations. According to Statista, the country had more than 403 million Facebook users as of October 2025, making it the platform’s largest national audience. India also has the world’s largest YouTube audience, according to the statistics provider.