India Supreme Court Declares Internet Access Fundamental Right for Children

The Supreme Court of India has declared that the right to access and use the internet is a fundamental right for all individuals, including children regardless of age. A bench comprising Justices JB Pardiwala and KV Chandran ruled that this right is protected under Article 21, regarding the right to life and personal liberty, and Article 19(1)(a), regarding freedom of speech and expression, of the Constitution.

Rejecting the use of blanket bans on children's internet access, the court argued such measures are disproportionate and could drive minors toward unregulated platforms or discourage victims of online abuse from seeking help. The court emphasized that children in remote areas or those with special needs rely on the internet for learning and companionship, stating that safety and freedom are not contradictory.

To address the risks of Child Sexual Exploitation and Abuse Material (CSEAM), the court ordered the Government of India to establish a National Hash & URL List Database. This system will require multi-tier verification by human analysts, and intermediaries must immediately remove content matching these entries. The court also supported proportionate safeguards, including parental consent, a dedicated child mode for social media with private-by-default settings, and restrictions on adult websites.

This ruling follows a plea by the Just Rights for Children Alliance and builds upon previous legal precedents, including the 2020 Anuradha Bhasin v. Union of India and the 2025 Pragya Prasun & Ors. v. Union of India cases.