Children's safety and freedom online are complementary, not conflicting. Discuss in light of recent judicial pronouncements and the DPDP framework.
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In October 2026, the Supreme Court held that children, "irrespective of their age", have a fundamental right to access and use the Internet under Article 21 read with Article 19(1)(a) [1]. The Court said "our children are entitled to both" safety and freedom [1]. It treated the two as reinforcing each other, and the DPDP framework largely shares that view.
Judicial view: safety through freedom
- Proportionality: the Court called blanket bans "unproven measures of proven disproportionality" [1]. This follows Anuradha Bhasin (2020), which held that limits on digital rights must be the least restrictive measure [2].
- Realism: children keep going online despite bans, only with less oversight. Keeping them off social media would also not reduce online abuse [1].
- Intelligent restraints: the Court preferred parental oversight, age-appropriate safeguards, a "child mode" and grievance outlets to prohibition [1]. This builds protection into access.
DPDP framework: protection that enables
- Verifiable parental consent is required before a child's data is processed [3].
- Essential-purpose exemptions for healthcare, education and real-time safety mean a child's learning and safety do not wait on a parent's consent [3].
- Global alignment: UN General Comment No. 25 (2021) treats children as rights holders online. It requires businesses to prevent, mitigate and remedy harm to children [4].
Where tensions persist
- Age mismatch: the Court speaks of a right "irrespective of age", but the DPDP regime treats everyone under 18 as a child [1][5]. A 16-year-old's right can therefore depend on a parent's approval.
- Privacy cost: parental consent forces platforms to verify the age of every user, which reduces anonymity for adults too [5].
- Implementation lag: the DPDP Rules have an 18-month phased compliance period, so consent tools are not yet fully binding [3].
- Uneven parental capacity: oversight assumes parents with time and digital skills, which puts the burden on poorer homes.
In sum, the judiciary and the DPDP framework both choose regulation over prohibition. That choice will work only if it is enforced. The way forward has four parts:
- Child Rights Impact Assessments before the remaining rules are framed, as General Comment No. 25 recommends [4]
- age checks that protect privacy
- child modes that change platform design, not just filter content
- simple grievance outlets in Indian languages
Done well, this keeps Article 21's promise of a dignified childhood online as well as offline, and advances SDG 16.2 on ending abuse of children.
Sources
- 1The Hindu, "Children have fundamental right to access Internet: SC", Krishnadas Rajagopal (18 Oct 2026)Art. 21 r/w 19(1)(a) basis; "irrespective of age"; "unproven measures of proven disproportionality"; child mode, parental oversight, grievance outlets; bans don't curb use or abuse
- 2Supreme Court of India, *Anuradha Bhasin v. Union of India* (10 Jan 2020)proportionality and the least restrictive measure for Internet restrictions
- 3PIB, "DPDP Rules, 2025 Notified" (Nov 2025)verifiable parental consent; healthcare/education/real-time safety exemptions; 18-month phased compliance
- 4UN Committee on the Rights of the Child, General Comment No. 25 (2021), CRC/C/GC/25children as rights holders online; business duty to prevent, mitigate and remedy harm; Child Rights Impact Assessments
- 5PRS Legislative Research, The Digital Personal Data Protection Bill, 2023child defined as under 18; universal age verification and the loss of anonymity