Supreme Court holds the right to access and use the internet is a fundamental right of every individual, including children

17 October 2026

A Supreme Court bench of Justice J B Pardiwala and Justice K Vinod Chandran 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), and that it belongs to children as well. The order was passed in Just Rights for Children Alliance and another v. S. Harish and Others, reported as 2026 INSC 1149 and 2026 LiveLaw (SC) 1063. The Court said it would be absurd to deny children the right to access the internet altogether, and that children's safety and freedom are not at odds with each other. It rejected blanket restrictions on children's internet access, describing them as unproven measures of proven disproportionality, and warned that age-verification systems could lead to excessive data collection and surveillance. The Court said age-based safeguards such as parental consent and oversight, a child mode for accounts, private accounts by default, limits on contact from unknown adults and moderation of advertisements and content may still be required for pre-teens, leaving the details to the Union Government. It added that the Union Government may still restrict children's access to content that is inherently harmful, such as adult websites. The Court distinguished Anuradha Bhasin v. Union of India (2020), which protected internet-based speech and trade but did not decide whether access itself is a fundamental right, and relied on Pragya Prasun v. Union of India (2025), which recognised a right to digital access under Article 21.