Why in news?
Supreme Court recognised children’s internet access as a fundamental right, while States plan screen-time curbs for children.
UPSC Relevance
Prelims: Articles 19(1)(a), 21, 21A
Mains: GS2 – Fundamental Rights; Welfare of vulnerable sections (children); Government policies and interventions.
GS3 – Cyber security; Role of media and social networking sites in internal security challenges.
GS4 – Ethics in digital space.
Right to Internet Access
The right to internet access means that the State should not arbitrarily cut people off from the internet and should work towards making it available to all. In India, it is not a separate article in the Constitution. Courts have read it into existing fundamental rights, because in the digital age most of our speech, learning, work and access to welfare happens online.
Constitutional and Judicial Basis
| Provision / Case | What it says |
|---|---|
| Article 19(1)(a) | Freedom of speech and expression, which includes the right to know and receive information |
| Article 21 and 21A | Right to life with dignity, privacy, and free and compulsory education (6–14 years) |
| Article 39(f) | DPSP – children should develop in a healthy manner, in conditions of freedom and dignity |
| K.S. Puttaswamy (2017) | Right to privacy is a fundamental right under Article 21 |
| Faheema Shirin v. State of Kerala (2019) | Kerala HC held that internet access is part of the right to education and privacy |
| Anuradha Bhasin (2020) | Free speech and trade through the internet are protected under 19(1)(a) and 19(1)(g); shutdowns must be proportionate and reviewed |
| Just Rights for Children Alliance v. S. Harish | Recognised internet access as a fundamental right for children, with emphasis on their safety (as cited in the article) |
International angle: The UN Convention on the Rights of the Child (UNCRC, 1989) – which India ratified in 1992 – guarantees children’s access to information (Article 17). Its General Comment No. 25 (2021) says children’s rights apply equally online and offline.
Why Digital Access is Necessary for Children
- Education – online classes, e-books and platforms like DIKSHA, SWAYAM and PM eVidya. During COVID-19, schooling for crores of children continued only because of the internet.
- Capability building – Amartya Sen’s capability approach: access widens choices and freedoms. Joseph Stiglitz adds that transformation, not just capability, drives development.
- Skills for the future – coding, AI and digital literacy are basic skills for tomorrow’s jobs.
- Self-expression and participation – children can share views, create content and take part in public debates.
- Access to services – scholarships, Aadhaar-linked benefits and health information are increasingly online.
- Social connection – connects children across regions and cultures; helps children with disabilities through assistive technology.
- Reducing inequality – if poor and rural children are left offline, the digital divide becomes a learning and income divide. As per ASER 2024, around 90% of rural teenagers (14–16 years) had a smartphone at home, but far fewer used it for learning.
Threats and Security Concerns
- Cyberbullying and harassment – trolling, body-shaming and threats that affect mental health and school performance.
- Online grooming and sexual exploitation – predators befriend children through games and social media; Child Sexual Exploitative and Abuse Material (CSEAM) is a serious crime.
- Sextortion and deepfakes – morphed images used to blackmail teenagers; AI tools make this easier.
- Privacy and data misuse – apps collect children’s data for profiling and targeted ads.
- Digital addiction – excess screen time, gaming disorder (recognised by WHO in ICD-11) and poor sleep.
- Mental health – anxiety, depression, body image issues and exposure to harmful content.
- Financial frauds – phishing, fake gaming rewards, and misuse of parents’ UPI or cards.
- Misinformation and radicalisation – children are less able to judge fake news and extremist content.
- Rising crime – NCRB data show cybercrimes against children crossed 1,800 cases in 2022, a sharp rise over 2021. Actual numbers are higher due to under-reporting.
India’s Legal and Institutional Framework
- IT Act, 2000 – Section 67B punishes publishing or browsing child sexual material; Section 79 places due diligence on intermediaries.
- IT Rules, 2021 – platforms must remove harmful content quickly, appoint grievance officers and use tools to detect CSEAM.
- POCSO Act, 2012 – covers use of children for pornographic purposes; mandatory reporting of offences.
- Digital Personal Data Protection Act, 2023 (Section 9) – verifiable parental consent for processing data of anyone under 18; bans tracking, behavioural monitoring and targeted ads aimed at children. Detailed procedure is in the DPDP Rules, 2025.
- Institutions – Indian Cyber Crime Coordination Centre (I4C), National Cyber Crime Reporting Portal (cybercrime.gov.in), helpline 1930, CERT-In, NCPCR, and Childline 1098.
Global Practices and Case Studies
| Country | Practice |
|---|---|
| Australia | Set up the world’s first eSafety Commissioner (2015); minimum age of 16 for social media accounts under a 2024 law |
| United Kingdom | Age Appropriate Design Code (Children’s Code, 2021) – high privacy by default; Online Safety Act, 2023 – duty of care on platforms |
| European Union | Digital Services Act bans targeted ads to minors and requires risk assessments by large platforms |
| United States | COPPA (1998) – parental consent for collecting data of children under 13 |
| China | ‘Minor mode’ on devices; strict limits on online gaming hours for minors |
| Brazil | Children’s social media accounts must be linked to a legal guardian |
| Finland | Media literacy taught across the school curriculum – a model for building critical thinking |
Good practices in India
- Kerala – ‘Little KITEs’ IT clubs in government schools teach digital skills and cyber safety; Kerala Police’s Cyberdome tracks online child abuse.
- Andhra Pradesh and Karnataka – plans for screen-time curbs for children (the court warned against blindly copying foreign models).
- NCERT and CBSE – guidelines and handbooks on cyber safety for schools.
- Operation Megh Chakra (CBI, 2022) – nationwide searches against online circulation of child sexual abuse material, based on Interpol inputs.
Way Forward
- Rights-first approach – treat access as a right; any curb must be legal, necessary and proportionate.
- Safety by design – platforms should build child-safe default settings, age assurance and quick reporting tools.
- Shared responsibility – parents, schools, government and service providers must work together.
- Digital literacy – add cyber safety and critical thinking to the school curriculum; train teachers and parents.
- Bridge the digital divide – devices and connectivity for poor, rural and girl children through BharatNet and school ICT labs.
- Strong enforcement – quick action under DPDP, POCSO and IT Rules; special cyber cells for crimes against children.
- Mental health support – counselling in schools and helplines like Tele-MANAS (14416).
- Indian solutions – design rules suited to Indian realities instead of copying blanket bans from abroad.
Conclusion: The article calls this ‘authority-liberty coordination’ – the Constitution limits both State power and individual liberty. Too much State control leads to authoritarian tendencies, while unlimited freedom can become anarchy.
Blanket curbs may look protective, but they end up shutting children out of knowledge and opportunity. The goal should be an internet where children can learn, create and connect – safely.
Practice MCQ
Q1. With reference to the Digital Personal Data Protection Act, 2023, consider the following statements:
- It defines a ‘child’ as a person below 16 years of age.
- Data fiduciaries must obtain verifiable consent of the parent before processing a child’s personal data.
- It prohibits targeted advertising directed at children.
Which of the statements given above are correct?
(a) 1 and 2 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3
Answer: (b). Statement 1 is incorrect. Under the Act, a child is a person who has not completed 18 years of age.
Mains Practice Question
“Protecting children online does not necessarily mean restricting their freedom.” In light of the recognition of internet access as a fundamental right, discuss the threats children face in the digital space and suggest a balanced framework for their online safety. (15 Marks, 250 words)
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