The Supreme Court on Monday (September 28, 2026) questioned how Indian children can have accounts on social media platforms, given that these accounts are activated on the basis of contracts drawn up between the children and the platforms despite the fact that minors are legally incompetent to enter contracts under Indian law.
Such contracts are completely void from the beginning or void ab initio , noted a Bench headed by Chief Justice of India Surya Kant. The court was hearing a plea filed by Just Rights for Children Alliance (JRCA), an NGO founded by Bhuwan Ribu and represented by senior advocate H.S. Phoolka, seeking safeguards for children accessing social media and other digital platforms. Mr.
The Solicitor General submitted that the issue raised in the petition was, prima facie , covered by the Digital Personal Data Protection Act, 2023. Phoolka submitted that the relevant provisions of the Act would come into force only in 2027 and therefore could not address the issue in the interim.
Justice Bagchi said a statutory framework has to be molded, using existing laws to specifically address these issues.
Acknowledging the submission made by Mr. “Our request to you is, as the government, please pass some directions under the Intermediary Rules that they should fashion their software or platform in conformity with Indian law. Mehta assured the court.
They must conform to the 18-year minimum threshold in giving memberships,” Justice Bagchi addressed the law officer.
Phoolka, the law officer said that “a similar regime can be adopted in other laws which say that if you are less than 18 years old, you will need parental consent, and the contract will be signed by the parent”. The court said the “contracts” between minors and social media platforms/digital intermediaries were simply contrary to the law of the land. “Something can be done, something should be done, and it will be done,” Mr.
