The Supreme Court of India on September 28, 2026, asked the Centre to examine whether statutory rules could prevent children below 18 from independently creating social media accounts, citing Indian law on minors entering into contracts. A three-judge Bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, was hearing a public interest litigation (PIL) filed by the Just Rights for Children Alliance.
The petition seeks stronger safeguards, including parental consent and age-verification mechanisms, to protect children from online exploitation, cyberbullying and misuse of personal data. The court observed that social media platforms must comply with Indian law and stressed that any requirements should have statutory backing. Solicitor General Tushar Mehta told the Bench that the Centre would examine the issue, and the matter is scheduled to be heard again in four weeks.
Court Flags Contractual Concerns
During the hearing, the Supreme Court examined the legal implications of children below 18 accepting the terms and conditions of social media platforms while creating accounts. Under Section 11 of the Indian Contract Act, 1872, minors are generally considered legally incompetent to enter into contracts independently. The petition argues that creating an account involves accepting a platform’s terms of service, raising questions about the validity of such agreements when entered into by children.
The Bench asked the Centre to consider whether the existing Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, could be amended to address the issue. Justice Joymalya Bagchi emphasised that digital platforms must ensure their systems comply with Indian law and suggested that any requirements should be incorporated into a statutory framework rather than issued merely as guidelines.
Solicitor General Tushar Mehta, representing the Centre, said the government would examine the matter. He also indicated that the issue might be addressed under the Digital Personal Data Protection Act, 2023. However, senior advocate H S Phoolka, appearing for the petitioner, argued that the government need not wait for the data protection law’s relevant provisions to take effect, as existing contract law already addresses minors’ legal capacity.
Petition Seeks Stronger Safeguards
The PIL filed by Just Rights for Children Alliance seeks amendments to the existing IT Rules or the introduction of specific guidelines requiring social media platforms to obtain consent from a parent or legal guardian before allowing children below 18 to create accounts. It also calls for age-verification mechanisms and checks to establish the identity and authority of parents or guardians.
The organisation has raised concerns about the risks children may face while using digital platforms, including online grooming, sexual exploitation, trafficking, sextortion, cyberbullying, behavioural profiling and the misuse of personal data. It has argued that the absence of effective age-verification mechanisms and parental safeguards leaves children vulnerable to online harm.
The petition also highlights that several platforms, including Facebook and Snapchat, allow users aged 13 and above to create accounts, despite Indian law generally treating those below 18 as minors for contractual purposes. The petitioner has sought safeguards that would ensure children can access digital services with appropriate parental involvement, rather than being left to navigate potentially harmful online environments without adequate protection.
The case was taken up after the Supreme Court sought the Centre’s response to the plea on September 10. During the earlier hearing, the Bench acknowledged the need for safeguards to protect children online. The latest proceedings have now shifted attention towards whether statutory rules can establish enforceable requirements for social media companies operating in India. The court has not yet ordered a nationwide ban on social media accounts for minors, and the question of how any proposed safeguards would work in practice remains open.
The Logical Indian’s Perspective
The growing presence of children on social media calls for a thoughtful approach that places their safety, dignity and well-being at the centre of digital policy. While protecting minors from online exploitation, cyberbullying and misuse of personal information is essential, any new rules must also recognise the role digital platforms play in education, communication, creativity and social connection.
A blanket restriction could affect children differently depending on their access to parental support, digital literacy and educational resources. The focus should therefore be on meaningful safeguards, transparent age-verification systems, responsible platform design and accessible digital education, while ensuring that parents and guardians are equipped to guide children through the online world. Social media companies must also be held accountable for creating safer environments, rather than placing the entire burden of protection on families.
As the Centre examines the proposed statutory framework, an open dialogue involving children, parents, educators, technology companies and policymakers can help shape solutions that balance safety with access and individual rights. How can India protect children from online harm while ensuring they continue to benefit from the digital world?
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