Court issues notice to the Centre on plea seeking stronger safeguards for children below 18 using social media and digital platforms
New Delhi: The Supreme Court on Thursday sought responses from the Ministry of Electronics and Information Technology and the Ministry of Law and Justice on a petition seeking safeguards for minors using social media and other digital platforms.
The matter was heard by a bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana. The bench issued notices to the two ministries on a petition filed by the NGO Just Rights for Children Alliance.
Senior advocate H.S. Phoolka, appearing for the NGO, made brief submissions before the bench. Taking note of the arguments, the court observed, “We need some safeguards in India.”
Plea Seeks Protection for Children Below 18
The petition seeks directions to the Centre to take appropriate steps to ensure that digital platforms, including social media intermediaries, cannot enter into enforceable contracts with children below the age of 18.
According to the plea, any contract entered into by a digital platform with a child below 18 should be treated as void from the beginning, and any action taken on the basis of such a contract should be stopped immediately.
Petition Cites Indian Contract Law
The petition refers to Section 11 of the Indian Contract Act, which provides that a person must have the legal capacity to enter into a contract. It argues that minors do not have the legal capacity to contract, yet they are currently allowed to create and operate accounts independently on social media and other digital platforms.
The plea contends that minors continue to access social media and digital services on their own, but there is no uniform and enforceable mechanism to address their legal incapacity online while also protecting their constitutional rights.
Calls for Safeguards for Minors Online
The petition seeks protection of the fundamental rights of children below 18 and argues that the legal principles governing minors’ capacity to contract should also be reflected in their relationship with digital platforms.
It further states that it is an established principle of law that a minor lacks the capacity to enter into a contract and that a contract entered into by a minor is void from the outset.
The Centre’s response to the Supreme Court’s notice is expected to clarify its position on the legal and regulatory safeguards applicable to minors using social media and other digital platforms.
