Supreme Court Declares Internet Access A Fundamental Right for Children, Rejects Blanket Bans

The Supreme Court of India has recognised internet access as a fundamental right for everyone, including children, under Articles 21 and 19(1)(a) of the Constitution. In its October 15 order, the bench of Justices JB Pardiwala and KV Chandran cautioned against blanket restrictions on children’s internet access, observing that such measures could push them towards less regulated and potentially more dangerous online spaces.

The ruling came during proceedings concerning the detection and removal of child sexual exploitation and abuse material online. The Court emphasised that children need protection as well as freedom, and suggested safeguards such as private accounts by default, restrictions on messages from unknown adults, parental guidance and better content moderation. It also highlighted concerns that strict age verification could threaten users’ privacy. The Court’s position is that online safety measures should target harmful content and those responsible for it, rather than deny children access to the internet altogether.