Internet access as a fundamental right for children: SC

Why in News?

On October 15, the Supreme Court held that the right to access and use the internet is a fundamental right of every individual, including children irrespective of their age. The Bench of Justices J. B. Pardiwala and K. V. Chandran observed that children’s safety and freedom are not mutually exclusive and that they are entitled to both.

The Court also highlighted the importance of internet access for children, particularly those living in remote areas, where it may be their only source of learning and information.

Constitutional Basis of the Right to Internet Access

The Supreme Court referred to earlier judgments recognising the relationship between internet access and fundamental rights.

• Article 19(1)(a): Guarantees freedom of speech and expression. It protects the exercise of this freedom through the internet, including the right to receive and impart information.
• Article 19(1)(g): Guarantees the freedom to practise any profession or carry on any occupation, trade or business, including activities conducted through the internet.
• Article 21: Guarantees the right to life and personal liberty. The Court has recognised digital access as an important component of this right in relevant contexts.

Important Supreme Court Judgments

1. Anuradha Bhasin v. Union of India (2020)

• A three-judge Bench held that freedom of speech and expression under Article 19(1)(a), and the freedom to carry on trade or business under Article 19(1)(g), are protected when exercised through the internet.
• The judgment addressed restrictions on internet services in Jammu and Kashmir.

2. Pragya Prasun v. Union of India (2025)

• A two-judge Bench held that excluding persons with disabilities from digital Know Your Customer (KYC) processes violated Article 21.
• It recognised digital access as an intrinsic component of the right to life.

3. Secretary, Ministry of Information and Broadcasting v. Cricket Association of Bengal (1995)

– The Supreme Court recognised that Article 19(1)(a) includes the right to know and to receive and impart information and ideas.

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