India’s Supreme Court says internet access is a fundamental right, including for children

The Supreme Court of India has held that the right to access and use the internet is a fundamental right of every person, including children. In an order of 15 October 2026 (29 Asoj 2083 BS), a bench of Justices J.B. Pardiwala and K. Vinod Chandran declined to endorse a blanket age-based ban on social media.

This is not a final judgment. The order was made on applications filed after the Court’s September 2024 judgment on child sexual abuse material, in Just Rights for Children Alliance & Anr. v. S. Harish & Ors., and the case is continuing.

What the court said

According to reports by LawChakra and The News Minute, the Court treated internet access as protected under Article 21 (right to life and personal liberty) read with Article 19(1)(a) (freedom of speech and expression) of the Indian Constitution. It said age verification of all users would create privacy and surveillance risks. In place of an outright ban, it pointed to safeguards such as a dedicated “child mode”, private accounts by default and parental consent, leaving the details to the Union government.

Directions on child sexual abuse material

• The Union government is to build a national hash and URL database of such material, with every entry assessed by at least three trained human analysts.
• Platforms must take down matching content immediately.
• Removals of material of unknown origin must be reported within two hours.
• Platforms must publish monthly compliance reports.
• The Union government should consider exemplary fines and disgorgement of revenue for companies that fail to comply.

Why it matters for Nepal

Nepal is having its own debate on regulating social media, banning platforms and keeping children safe online. Article 17 of the Constitution of Nepal guarantees freedom of opinion and expression, and Article 28 protects the right to privacy. An order from a neighbouring apex court testing a blanket ban against the standard of proportionality may become a reference point for Nepali courts and policymakers.

What happens next

The Union government must file a report on compliance. The case is next listed for 10 December 2026 (24 Mangsir 2083 BS).

Sources

The text of the order is published on the Supreme Court of India’s website. This report is based on the reports listed below.

Other reporting

• Supreme Court holds internet access is fundamental right of every individual, including children, under Article 21 — LawChakra, 17 Oct 2026
• Supreme Court calls internet access a fundamental right for children, rejects blanket ban — The News Minute, 18 Oct 2026
• SC recognises access to the internet as a fundamental right — Drishti IAS, 22 Oct 2026