The Supreme Court has held 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 — and that children enjoy the same right irrespective of their age.

In a 136-page judgment delivered on October 15, 2026 in Just Rights for Children Alliance v. S. Harish (2026 INSC 1149), a bench of Justices J.B. Pardiwala and K. Vinod Chandran said: "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. 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. The safety of our children and their freedom are not at odds with each other. Our children are entitled to both."

The Court rejected blanket age-based bans on children's internet and social media access as disproportionate, holding that protective measures must target harmful content and those who create, circulate or seek it out — not the children exposed to it. It noted that bans can push children towards unregulated sites, and that for many children, particularly in remote areas, the internet is often the only source of learning and information.

The judgment was delivered while issuing extensive directions to detect, report and remove child sexual exploitation and abuse material (CSEAM) online, including a proposed national hash and URL database, dedicated grievance officers on platforms, and a suggestion that the Union consider exemplary fines. The ruling comes as states such as Karnataka and Andhra Pradesh have been considering screen-time curbs for minors. Sources: Bar and Bench, Verdictum, Law Trend, Nagaland Post (agencies).