Supreme Court of India
Just Rights for Children Alliance & another v. S. Harish & others
Published on this website
M.A. Nos. 2553–2554 of 2026 in Criminal Appeal Nos. 2161–2162 of 2024
Citation: 2026 INSC 1149
Background
Background
India’s Supreme Court recognises internet access as a fundamental right, including for children, while preserving proportionate safeguards. Key extract: paragraph 292 of 2026 INSC 1149.
Continuing proceedings following the 2024 Just Rights decision concerning online child sexual exploitation and abuse material.
Legal questions
Legal questions
Whether children can be excluded altogether from internet access in the name of safety, and what proportionate safeguards should protect them online.
Court holding
What the Court decided
Paragraph 292 recognises internet access and use as a fundamental right under Article 21 read with Article 19(1)(a), expressly including children. Paragraphs 299–302 preserve proportionate age-based safeguards and restrictions on inherently harmful content or services.
Final outcome
Final outcome
Union of India directed to oversee implementation, formulate guidelines and SOPs, consider necessary statutory and rule amendments, and file a progress affidavit. Next hearing: 10 December 2026; proceeding not finally disposed of.
Practical effect
What the decision means in practice
Protect children through proportionate platform, parental and educational safeguards while preserving meaningful internet access.
This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.
Key legal principles
Key legal principles
- Paragraph 292 recognises internet access and use as a fundamental right under Article 21 read with Article 19(1)(a), expressly including children. Paragraphs 299–302 preserve proportionate age-based safeguards and restrictions on inherently harmful content or services.
- Paragraph 303 limits the hash-and-URL mechanism to detecting and removing CSEAM, excluding general censorship.
New judgment alerts
Follow this court or legal topic
Receive new judgments and analysis about Supreme Court of India, Constitutional Law, Human Rights by email.
Primary source
Original judgment and official source
This HTML summary does not replace the court record. Use the linked original judgment PDF or official court source to verify the exact text and directions.
Later treatment
Later treatment
Research tools
Use this judgment in your research
Copy a link to a specific part
Judgment text is provided for legal research and general information. Verify the official court record before relying on it in proceedings.
Related article
Related article
India’s Supreme Court recognises internet access as a fundamental right, including for children, while preserving proportionate safeguards. Key extract: paragraph 292 of 2026 INSC 1149.
Read the related article →