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Internet access a fundamental right for children: Supreme Court
The ruling was made by a two-judge bench

Internet access a fundamental right for children: Supreme Court

Oct 17, 2026
01:17 pm

What's the story

The Supreme Court has ruled that internet access and usage are a fundamental right under Articles 21 and 19(1)(a) of the Constitution. The ruling was made by Justice JB Pardiwala and Justice K Vinod Chandran. The court said, "Our children, irrespective of their age, enjoy the same rights, and to deny the same altogether would be as absurd as saying children below a certain age do not have a conscience worth protecting or a freedom of speech worth expressing."

Digital freedom

'Children entitled to both safety and freedom'

The court also stressed that children's safety and freedom aren't mutually exclusive. It said, "Our children are entitled to both."

The bench was hearing a case on child sexual exploitation and abuse material (CSEAM) on social media platforms.

It suggested intelligent restraints instead of blanket bans, noting that children continue using unregulated platforms even when prohibited by law.

Safety 1st

Court suggested dedicated 'child mode' for social media accounts

The court acknowledged that while some form of safeguards are necessary, blanket restrictions aren't effective. It said no jurisdiction has proven that such measures make children safer online.

The bench referred to the 2025 judgment in PragyPrasun & Ors. v. Union of India, in which the court recognized the right to digital access as a fundamental right under Article 21.

It suggested systems emphasizing parental consent and oversight, including a dedicated "child mode" for social media to ensure online safety.

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