Supreme Court Review on Internet Access as Child Fundamental Right
Source:Indian Express ↗
આ શા માટે મહત્વનું છે
It touches upon evolving dimensions of Article 21 (Right to Internet/Privacy), the legality of blanket bans, and balancing child welfare with digital rights and education.
સારાંશ
The Supreme Court's observation regarding children's access to the internet and the limitations of blanket bans brings to focus the complex interplay between fundamental rights, digital inclusion, and child protection in the modern digital age.
મુખ્ય મુદ્દા
- The Supreme Court emphasized that access to the internet can be viewed as an integral part of fundamental rights or modern education and growth for children, questioning blanket bans.
- The debate highlights the balance between protecting children from digital harms (such as cyber-addiction, inappropriate content, and exploitation) and ensuring they are not cut off from digital literacy and education.
- Blanket bans are often seen as disproportionate responses by authorities, prompting a need for nuanced regulation, parental guidance, and responsible tech design instead.
મહત્વપૂર્ણ શબ્દો
Supreme Court
The highest judicial forum in India, responsible for constitutional interpretation, safeguarding fundamental rights, and resolving legal disputes.
UPSC context
UPSC GS Paper II (Indian Polity): Tests understanding of the judiciary, judicial review, and the enforcement of fundamental rights.
પ્રિલિમ્સ ટ્રેપ
Internet access is explicitly guaranteed as a fundamental right under Article 21 of the Indian Constitution.
Aspirants often assume internet access is explicitly mentioned as a fundamental right in Part III of the Constitution, whereas it is derived through judicial interpretation of Articles 19 and 21.
સંલગ્ન સ્થિર ખ્યાલો
How has the Supreme Court expanded the scope of Article 21 of the Constitution?
- Living Right: Judicial expansion through liberal interpretation has read numerous un-enumerated rights into Article 21 to ensure a meaningful life.
- Key Inclusions: Landmark rulings have included privacy, education, health, clean environment, and internet access as integral facets of personal liberty.
- Judicial Review: Article 13 and judicial review empower courts to test executive and legislative actions against fundamental rights infringements.
આંતર-વિષય પેટર્ન
Internet Access and Article 21 Evolution
Courts increasingly view internet access through the lens of Article 21, creating tension with state-imposed internet shutdowns or blanket bans used for law enforcement.
Digital Governance and Child Safety Regulation
Balancing child protection against digital rights mirrors debates over content moderation, intermediary liability under IT Rules, and algorithmic transparency.
SC observations on internet access as a fundamental right vs. child safety will likely feature in a mains GS-2 judicial activism/rights question.
સંલગ્ન PYQ · 2
સંલગ્ન PYQ · 2
- 2017MainsGS2
Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy.
- 2025MainsGS2
The National Commission for Protection of Child Rights has to address the challenges faced by children in the digital era. Examine the existing policies and suggest measures the Commission can initiate to tackle the issue.
