Internet Access Is a Fundamental Right for Children Too, Rules Supreme Court in Just Rights for Children Alliance v. S. Harish

Case: Just Rights for Children Alliance & Anr. v. S. Harish & Ors.
Citation: 2026 INSC 1149
Date of Judgment: 15 October 2026
Court: Supreme Court of India
Coram: Justice J.B. Pardiwala and Justice K. Vinod Chandran
Proceedings: M.A. Nos. 2553–2554 of 2026 in Criminal Appeal Nos. 2161–2162 of 2024

Court Observation

“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.”

Summary

In a significant ruling delivered on 15 October 2026, the Supreme Court of India expressly recognised the right to access and use the internet as a fundamental right under Article 21 (right to life and personal liberty) read with Article 19(1)(a) (freedom of speech and expression) of the Constitution — and held that children, irrespective of age, enjoy the same right.

The ruling came in proceedings concerning the circulation of child sexual exploitation and abuse material (CSEAM) online. The Court rejected blanket restrictions on children’s internet access as a disproportionate response to online risks, holding that safety measures must be directed at harmful material and those responsible for it — not at children themselves. “To keep the child away from the internet on account of such failures would be to mistake the victim for the problem,” the Bench observed.

Key Holdings

• The right to access and use the internet is a standalone fundamental right under Article 21 read with Article 19(1)(a) of the Constitution.
• Children of all ages hold this right; blanket bans or age-based exclusions on internet access are disproportionate and impractical.
• Section 79 of the Information Technology Act does not extend safe harbour to intermediaries in respect of child sexual abuse material; platforms must act swiftly once informed.
• Revenue earned through paywalled CSEAM should be forfeited and disgorged; intermediaries must rigorously scrutinise paywalled content.

Directions Issued

• The Union Government must create a national database of digital identifiers and website addresses associated with confirmed CSEAM.
• Hash-matching guidelines and platform reporting mechanisms reachable within two steps to be put in place.
• Digital safety and age-appropriate sex education to form part of the school curriculum from the primary stage; Child Helpline 1098 and Cyber Crime Helpline 1930 to be displayed in schools.
• The Union (Ministries of Electronics & Information Technology and Law & Justice) to formulate guidelines and standard operating procedures and file a compliance affidavit; the matter is listed next on 10 December 2026.

Background

The proceedings arose from concerns raised by child-rights organisations over the continued circulation of CSEAM online, as a follow-up to the Court’s September 2024 judgment in the same matter which had addressed the obligations of social media intermediaries to report suspected offences.

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Disclaimer: This is a summary prepared for informational purposes only and does not constitute legal advice. Readers should refer to the official judgment for the authoritative text.