India’s Supreme Court Upholds Children’s Right to Internet Access

(MENAFN) India’s Supreme Court rules that children, like other members of society, have a fundamental right to access and use the internet, while emphasizing that online protection must not come at the expense of their freedoms.

“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,” a Supreme Court bench comprising Justices Jamshed Burjor Pardiwala and Vinod K. Chandran states in its order.

The judges affirm that “children, irrespective of their age, enjoy the same rights,” warning that, “deny the same altogether would be as absurd as saying children below a certain age do not have a conscience worth protecting or a freedom of speech worth expressing.”

“The safety of our children and their freedom are not at odds with each other. Our children are entitled to both,” the order states.

The ruling comes as the court considers a petition submitted by a nongovernmental organization that raises concerns over alleged “serious lapses” by online intermediaries in addressing child sexual exploitation and abuse material (CSEAM).

The justices also request information from the government about the technical systems and other safeguards that digital platforms have introduced to identify and remove such material.

As part of its directives, the court instructs the federal government to establish a “national hash and URL list” database dedicated exclusively to detecting and eliminating CSEAM.

The court further emphasizes the importance of incorporating online protection and age-appropriate sexual education into school teaching, stating that “Digital safety and age-appropriate sex education must form a part of the core curriculum,” it said.

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