Supreme Court: Right to access internet is a fundamental right under Article 21 read with 19(1)(a), children included; blanket bans no answer
In an order dated 15 October 2026, a Supreme Court Bench of Justices J. B. Pardiwala and K. Vinod Chandran held that the right to access and use the internet is a fundamental right under Article 21 read with Article 19(1)(a), available to children too.
Summary
The Supreme Court held 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, and that children of any age enjoy the same right. The order, dated 15 October 2026 and made public on 17 October, was passed by a Bench of Justices J. B. Pardiwala and K. Vinod Chandran on a petition by the NGO Just Rights for Children Alliance about Child Sexual Exploitation and Abuse Material (CSEAM) online. The Court said blanket bans on children’s internet use are disproportionate and suggested parental oversight, age-appropriate safeguards and a dedicated ‘child mode’ instead. It noted that Anuradha Bhasin (2020) had protected speech and business through the internet under Articles 19(1)(a) and 19(1)(g) but had left open whether internet access itself is a fundamental right.
Key facts
- Court
- Supreme Court of India
- Bench
- Justices J. B. Pardiwala and K. Vinod Chandran
- Order date
- 15 October 2026 (made public 17 October)
- Held
- Right to access and use the internet is a fundamental right
- Constitutional basis
- Article 21 read with Article 19(1)(a)
- Petitioner
- NGO Just Rights for Children Alliance (CSEAM case)
- Suggested safeguards
- Parental consent/oversight, dedicated ‘child mode’, private-by-default accounts
- Earlier case
- Anuradha Bhasin v. Union of India (10 January 2020) – Articles 19(1)(a) and 19(1)(g)
Practice MCQs 3 questions
In October 2026, the Supreme Court held that the right to access and use the internet is a fundamental right under which provisions of the Constitution?
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Correct answer: C — Article 21 read with Article 19(1)(a)
The October 2026 Supreme Court order holding that children too have a fundamental right to access the internet was passed by a Bench of which judges?
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Correct answer: D — Justices J. B. Pardiwala and K. Vinod Chandran
Consider the following statements regarding the Supreme Court’s October 2026 order on children’s internet access: 1. The Court suggested parental oversight and a dedicated ‘child mode’ instead of blanket bans on children’s internet use. 2. The Court said the 2020 Anuradha Bhasin judgment had already declared internet access by itself a fundamental right. Which of the statements given above is/are correct?
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Correct answer: A — 1 only