Supreme Court questions how children can have social media accounts because underlying contracts are legally void

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The Supreme Court on Monday (September 28, 2026) questioned how Indian children can have accounts on social media platforms, given that the accounts are activated on the basis of contracts between children and the platforms despite the fact that minors are legally incapable of entering into contracts under Indian law.

Such contracts are wholly void ab initio or void ab initio, a Bench headed by Chief Justice of India Surya Kant observed.

“What are these social media platforms doing? Are they allowing children between the ages of 12 and 15 to have accounts? Let’s say Twitter: can a 15-year-old child have a Twitter account? And what is an ‘account’? It is a contract between a social media platform and a child,” Justice Joymalya Bagchi said while addressing the Union government, represented by Solicitor General Tushar Melicitor General.

Digital security

The court was hearing a plea filed by the Just Rights for Children Alliance (JRCA), an NGO founded by Bhuwan Ribu and represented by senior advocate HS Phoolka, seeking safeguards for children in accessing social media and other digital platforms.

Justice Bagchi said that a legal framework needs to be created using existing laws to specifically address these issues.

The Solicitor General said that the Digital Privacy Act, 2023 is prima facie applicable to the issue raised in the petition.

Mr. Phoolka said that the relevant provisions of the Act would not come into force until 2027 and therefore he could not deal with the matter in the interim.

The lawyer took note of Mr Phoolka’s submission and said “a similar regime can be adopted in other laws which say that if you are under 18 you will need parental consent and a parent will sign the contract”.

age limit of 18 years

The court said that “contracts” between minors and social media platforms/digital intermediaries were simply against the laws of the country.

“Our request to you as the government is to please pass some guidelines under the rules for intermediaries that they should build their software or platform in accordance with Indian law. They must meet the minimum 18-year age limit for providing membership,” Justice Bagchi told the lawyer.

“Something can be done, something should be done and it will be done,” Mr. Mehta assured the court.

Published – 28 Sep 2026 22:48 IST