Internet access fundamental right for kids: What SC ruled, Pg13

Key Highlights:

• The Supreme Court, on October 15, declared that the right to access and use the internet is a fundamental right for every individual, including children.
• Justices J B Pardiwala and K V Chandran emphasized that children are entitled to both safety and freedom, rejecting blanket restrictions on internet access.
• The ruling stemmed from a 2024 Supreme Court decision concerning child pornographic material under the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology (IT) Act.
• The Court directed the Union to develop a parental-consent and "child mode" framework and to restrict inherently harmful content.

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Detailed Insights:

• The Supreme Court's decision underscores that children, regardless of age, possess the same fundamental rights as adults.
• The ruling cited previous landmark judgments, including Anuradha Bhasin v Union of India (2020), which recognized internet access as part of freedom of speech and trade.
• Another case, Pragya Prasun v Union of India (2025), was referenced for establishing digital access as an intrinsic component of the right to life for persons with disabilities.
• The Court rejected age-based limits on internet access, citing concerns about privacy, surveillance, and the ineffectiveness of such measures.
• It highlighted that for many children, especially in remote areas, the internet serves as a primary source of learning and information.
• Any restriction on fundamental rights must adhere to a three-pronged test: enacted legislation, legitimate state interest, and proportionality.
• The Union government is mandated to frame guidelines, potentially amend the IT Rules, and submit an affidavit by December 10, 2026.
• States enacting laws on screen time for minors must ensure these restrictions remain within constitutionally permissible limits.

Key Concepts Involved:

• Fundamental Rights: Basic human rights guaranteed by the Constitution, enforceable by courts.
• Three-pronged Test: A legal standard requiring restrictions on fundamental rights to be legislative, serve a legitimate state interest, and be proportionate.
• Digital KYC: Know Your Customer process conducted digitally, often involving identity verification.
• Child Sexual Exploitation and Abuse Material (CSEAM): Any material depicting the sexual abuse or exploitation of children.