The Supreme Court has said the right to access and use the internet is a fundamental right of every individual, including children, under Article 21 read with Article 19(1)(a) of the Constitution.
A bench of Justices JB Pardiwala and K Vinod Chandran said children enjoy these rights irrespective of their age. Denying them internet access altogether would be absurd, the bench observed. “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,” the bench said.
The court said a blanket denial 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”.
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It also stressed that protecting children and safeguarding their freedoms were compatible goals.
“The safety of our children and their freedom are not at odds with each other. Our children are entitled to both,” the bench said.
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