New Delhi: The Supreme Court has directed the Union ministries of electronics and information technology, and law and justice to respond to a Public Interest Litigation (PIL) seeking enhanced safeguards for minors accessing social media platforms. The petition highlights concerns that platforms may enter into contracts with individuals under 18, a practice the petitioner argues is legally void.
Information was available with The Chenab Times that a bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana issued notices to the relevant ministries. The directive follows submissions made by senior advocate H.S. Phoolka, representing the NGO Just Rights for Children Alliance, which filed the plea.
The PIL urges the Centre to issue directives informing digital platforms, including social media intermediaries, that any contract entered into with a child under the age of eighteen years is void from its inception. It further seeks the suspension of any steps taken in furtherance of such agreements.
The petition emphasizes the fundamental rights of children under 18, noting that despite their statutory incapacity to enter into contracts under Section 11 of the Indian Contract Act, they are currently permitted to independently create and maintain accounts on social media and other digital platforms. The plea argues that there is no effective, uniform, or enforceable mechanism to safeguard their legal incapacity and constitutional rights within the digital environment.
It is a well-established legal principle that a minor lacks contractual capacity, rendering any contract made by a minor invalid from the outset. The continued exposure of children to contractual and data-driven digital ecosystems without adequate age-assurance and parental safeguards raises significant constitutional concerns. The petition warns that this exposes a particularly vulnerable group to foreseeable and serious harms, including online grooming, sexual exploitation, trafficking, behavioral manipulation, misuse of personal data, cyberbullying, and exposure to age-inappropriate content.
Such unregulated access threatens a child’s right to life, dignity, privacy, safety, healthy development, and overall well-being. The plea contends that urgent judicial intervention is necessary to ensure that the digital environment does not become a space where the statutory and constitutional protections afforded to children are rendered meaningless.
The petition also points out that despite strict penal provisions against the dissemination and storage of Child Sexual Exploitative and Abuse Material, internet platforms have failed to implement automated content-filtering tools and age-verification mechanisms effectively. It highlights that platforms such as Facebook and Snapchat (India) permit users to create accounts from the age of 13, while Indian law considers individuals below 18 as minors.
The PIL, filed through advocate-on-record Sakthom Maheshwari, seeks directions to amend the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, or to frame specific guidelines. These amendments should ensure that no digital platform enters into a contract with a child below 18 without the explicit consent of a parent or lawful guardian, subject to the identity verification and e-KYC of the parent or guardian.
The petition further requests a writ, order, or direction compelling the respondents to issue guidelines or advisories to digital platforms and social media intermediaries. These advisories should mandate that any access or use of digital platforms by a minor be subject to a legally recognized mechanism of parental or lawful guardian involvement. This mechanism should include verification, such as e-KYC, of the parent or guardian’s identity and authority, commensurate with the nature and risk associated with the service being provided.
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