Supreme Court Seeks Centre Response on Minors Online Plea

The Supreme Court of India has sought the response of the Union government to a public interest litigation seeking safeguards for children below 18 years of age on social media and other digital platforms. A three-judge bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana issued notice on the petition, filed by the NGO Just Rights for Children Alliance, during a hearing on Thursday. The bench observed that safeguards are needed in India. Justice Bagchi orally remarked that protections such as firewalls should be put in place to shield children in the digital environment. Senior advocate HS Phoolka, appearing for the petitioner along with advocate Saksham Maheshwari, told the court that a minor's incapacity to contract is settled law and that this protection cannot disappear when an agreement moves online. The petition argues that children under 18 are legally incapable of entering into contracts under Section 11 of the Indian Contract Act, 1872, yet are currently permitted to independently create and maintain social media accounts, generally from age 13, by merely declaring their age or date of birth.