Children have fundamental right to access and use internet: Supreme Court

The Supreme Court said the safety of children and their freedom were not at odds with each other. “Our children are entitled to both,” it added. File photo for representational purposes only. | Photo Credit: Getty Images/iStockphoto

The Supreme Court has held that children, like any other individual, have a fundamental right to access and use the internet.

"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," a Bench of Justices J.B. Pardiwala and Vinod K. Chandran held in an order.

The court said that denial to children would be akin to saying that individuals below a certain age did not have a conscience worth protecting or a freedom of speech worth expressing.

The court said the safety of children and their freedom were not at odds with each other. "Our children are entitled to both," the court noted.

Issuing a slew of direction for protective mechanisms, restrictions drawn from other jurisdictions and grievance outlets, the court emphasised that intelligent restraints and not blanket ban was the need of the day.