The Supreme Court of India has recognised access to and use of the internet as a fundamental right for everyone, including children, under Articles 21 and 19(1)(a) of the Constitution.
On October 15, 2026, a Bench of Justices J.B. Pardiwala and K. Vinod Chandran delivered the ruling in Just Rights for Children Alliance & Anr. v. S. Harish & Ors., while examining measures to address child sexual exploitation and abuse material (CSEAM) circulating online.
The Court cautioned against blanket restrictions on children’s internet access, arguing that such measures could expose them to greater risks and discourage victims from reporting abuse. Instead, it called for stronger detection and removal systems, greater accountability for digital platforms and proportionate child-safety measures.
The Union Government has been directed to create a national database of digital identifiers and website addresses associated with confirmed abusive material and report on the implementation of the directions. The matter is scheduled for its next hearing on December 10, 2026.
Safety Without Exclusion
The Bench emphasised that children’s safety and freedom are not mutually exclusive. “Our children are entitled to both,” the Court said, underlining that protecting minors from online exploitation should not mean denying them access to the internet altogether.
It also observed that the responsibility for abuse lies with those who create, circulate, sell or seek out exploitative material, as well as intermediaries that fail to detect and remove it.
The Court warned that prohibiting children from using the internet would not necessarily stop them from going online. Instead, some could access platforms secretly or migrate to less regulated spaces, where risks may be harder for parents and authorities to monitor.
Children facing grooming, threats or manipulation might also hesitate to approach trusted adults if they fear punishment for breaking internet restrictions. Such a situation could undermine reporting and protection mechanisms under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
The Bench described blanket restrictions as “unproven measures of proven disproportionality”, stressing that they cannot replace effective action against online abuse.
The Court also acknowledged that internet access is essential to education, communication and access to information. For children in remote areas, it can be a crucial learning resource, while children with special needs may find connection and companionship through online communities.
These considerations strengthen the argument that digital access must be protected while risks are addressed through effective safeguards. The ruling does not, however, prohibit all age-based restrictions or require unrestricted access to every online service. The Bench clarified that proportionate restrictions on inherently harmful categories of content, including adult websites, remain possible.
Accountability And Safeguards
The ruling also sets out measures intended to address the circulation of child sexual exploitation and abuse material. The Court directed the Union Government to establish a national database of digital identifiers, known as hashes, and URLs linked to confirmed abusive material.
Hashes can help identify matching digital files, while URLs identify their online locations. Such a shared system could help platforms detect and remove known material more consistently instead of relying only on individual complaints or separate company databases. The Court also called for safeguards against wrongful identification and removal, including verification procedures and independent human review.
Alongside these measures, the Bench discussed parental guidance, supervision and consent, as well as dedicated “child mode” settings for social-media accounts. Suggested protections include making children’s accounts private by default, restricting messages from unknown adults and moderating advertisements and content accessible to minors.
The Centre has been asked to frame comprehensive guidelines and standard operating procedures for detecting, reporting and removing abusive material, and to consider amendments to the Information Technology Rules where necessary.
The Court also emphasised digital-safety education, age-appropriate sex education and accessible support for victims, including counselling and psychological assistance. These directions place responsibility on platforms and public institutions while recognising the role of families and caregivers.
The Logical Indian’s Perspective
The Supreme Court’s ruling is an important reminder that protecting children requires more than restricting their freedom. A child who encounters online abuse needs a safe environment, the confidence to seek help and the assurance that adults will respond with care rather than blame.
Blanket restrictions may appear to offer a simple solution, but meaningful protection demands sustained cooperation between families, schools, technology companies and public institutions. Platforms must take their responsibilities seriously, government agencies must enforce the law effectively, and children must be equipped with the knowledge to recognise danger and report it without fear.
At the same time, safeguards must respect privacy and avoid unjustified surveillance or the wrongful removal of lawful content. The challenge now lies in translating the Court’s directions into practical protections that work for children across different social and economic backgrounds.
A safer digital world should be one in which children can learn, express themselves and build connections without being left vulnerable to exploitation. How can India strengthen online child protection while ensuring that safety measures do not come at the cost of children’s rights and freedom?
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