Role of the Judiciary in the Protection of Digital Rights of Children in India

In the current era of the digital world, children are increasingly active in the virtual world of education, socialization, and recreation. Exposure to this, however, has associated risks in the form of cyberbullying, grooming, abuse of data, and harmful contents. Safety of the digital rights of children including the right of privacy, safety, access, and participation has become an increasing concern in India. The current research paper takes into account the active intervention by the judiciary of India in the enforcement of the said rights in the process of progressive law interpretation, judicial activism, and system reforms. Referencing key judgments such as that of the Chief of Justice K.S. Puttaswamy v. Union of India (2017) and Just Rights for Children Alliance v. S. Harish (2024), the paper evaluates the expansion of the reach of the fundamental rights under the Constitution by courts in fighting the notion of online harm. It also charts judicial orders to the State and the digital platforms aiming at regulating hurtful contents in the name of child safety. Although much has been accomplished, the study identifies existing legal and institutional loopholes, in specific terms, the nonexistence of child-centric data protection law and delays in implementing the same.