The Supreme Court of India has taken a significant step towards ensuring the safety of minors on social media by issuing a notice to the Central government. This action comes in response to a public interest litigation (PIL) filed by the NGO Just Rights for Children Alliance (JRCA), which is advocating for robust protective measures, including firewalls, to shield children under eighteen from potential exploitation on digital platforms.
The case, presided over by Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana, highlights the urgent need for mechanisms to verify the age and authority of internet users. As outlined in the petition, the lack of such mechanisms leaves minors vulnerable to dangers such as online grooming, sexual exploitation, digital trafficking, sextortion, cyberbullying, and exposure to inappropriate content.
During the proceedings, Justice Joymalya Bagchi noted the necessity of implementing protective firewalls within digital environments to safeguard children. The plea underscores the legal incapacity of minors to enter into contracts under Section 11 of the Indian Contract Act, 1872, raising concerns about minors independently creating and maintaining social media accounts.
Senior Advocate HS Phoolka, representing JRCA, argued that the established legal protection for minors against entering contracts should extend to the digital realm. Phoolka emphasized that any agreement involving a child under eighteen should be declared void ab initio, urging the Centre to direct digital platforms accordingly and suspend such contracts.
The petition further proposes amendments to the Information Technology Rules, 2021, or the creation of new guidelines mandating parental consent for minors seeking to open social media accounts. This would involve verifying the guardian’s identity through e-KYC or other recognized verification methods.
More Read
The petitioner clarified that the intention is not to exclude children from digital spaces, which are crucial for education and skill development, but rather to adopt a “prevention by design” strategy to enhance safety. Advocate Saksham Maheshwari joined Phoolka in representing the petitioner, advocating for these protective measures.
