"Supreme Court Seeks Centre's Response on Minors' Online Account Legality"
Void ab initio
an agreement that is invalid from the moment it is made, with no legal effect at any point.
Click-wrap agreement
a digital contract accepted by clicking 'I Agree', without a physical signature.
India's framework for protecting children online rests on several overlapping legal pillars. The constitutional foundation lies in Article 21, which guarantees the right to life and personal liberty. The Supreme Court's landmark ruling in the K.S. Puttaswamy v. Union of India case established that the Right to Privacy is an intrinsic part of Article 21. This ruling directly underpins child data protection law: if privacy is a fundamental right, then the collection and processing of a child's personal data without meaningful consent is a potential constitutional violation. Separately, Articles 23 and 24 of the Constitution form the Right against Exploitation. Article 23 prohibits trafficking in human beings and forced labour, while Article 24 prohibits the employment of children in hazardous occupations. The PIL's concern about online grooming and child trafficking maps directly onto this constitutional framework, extending its logic into the digital environment.
On the statutory side, the Indian Contract Act, 1872 has long established that a minor cannot enter into a legally binding contract. Section 11 of that Act defines contractual competence: only a person who has attained the age of majority, is of sound mind, and is not disqualified by law can contract. Any agreement a minor enters into is void ab initio, meaning it has no legal effect from the very beginning. This foundational principle of contract law has never been formally reconciled with the reality of digital platform enrolment, where children routinely click through terms of service agreements.
The Digital Personal Data Protection Act, 2023 (DPDP Act) is the most recent legislative development. It requires verifiable parental consent before a child's personal data is processed. However, it does not expressly prohibit a minor from independently creating or maintaining an account on a digital platform. The IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 similarly do not address a minor's contractual capacity or mandate robust age-verification mechanisms. This gap between the letter of the law and the reality of platform design is the central concern the Supreme Court is now examining.
The PIL filed by the Just Rights for Children Alliance identifies a structural contradiction in Indian law. Section 10A of the Information Technology Act, 2000 recognises contracts formed through electronic means, including click-wrap agreements where a user accepts terms by clicking a button. However, this provision does not grant contractual capacity to persons who lack it under the Contract Act. A minor clicking 'I Agree' on a platform's terms of service is, in legal theory, entering into a void agreement. Yet platforms routinely treat this click as valid consent, and Indian law has not intervened to resolve the contradiction.
The minimum age of 13 commonly used by platforms in India is not derived from any Indian statute. It originates from the Children's Online Privacy Protection Act (COPPA) of the United States. Indian law has no equivalent statutory minimum age for platform enrolment. The DPDP Act, 2023 defines a 'child' as a person below 18 years of age for data-protection purposes, which is consistent with the Indian Majority Act, 1875 that sets the age of majority at 18. …
Under which Article of the Constitution of India is the 'Right to Privacy' protected?
Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement ?
Which of the following are envisaged by the Right against Exploitation in the Constitution of India?
1.Prohibition of traffic in human beings and forced labour
2.Abolition of untouchability
3.Protection of the interests of minorities
4.Prohibition of employment of children in factories and mines
Select the correct answer using the code given below:
Consider the following statements about the Digital Personal Data Protection Act, 2023:
1.It defines a 'child' as a person below 18 years of age.
2.It expressly prohibits a person below 18 from independently creating an account on a digital platform.
3.It requires verifiable parental consent before a child's personal data is processed.
4.It prescribes a uniform mechanism for preventing independent enrolment of minors on digital platforms.
Which of the statements given above are correct?
Consider the following statements regarding the legal framework governing minors on digital platforms in India:
1.Section 11 of the Indian Contract Act, 1872 renders any agreement entered into by a minor void ab initio.
2.Section 10A of the Information Technology Act, 2000 confers contractual capacity on minors for electronically formed agreements.
3.The Digital Personal Data Protection Act, 2023 defines a 'child' as a person below 18 years of age.
4.The minimum age of 13 years used by social media platforms in India is prescribed under the IT (Intermediary Guidelines) Rules, 2021.
How many of the above statements are correct?
With reference to the Right to Privacy in India, consider the following statements:
1.The Right to Privacy is explicitly mentioned in the text of the Constitution of India.
2.The Supreme Court has held that the Right to Privacy is an intrinsic part of the right guaranteed under Article 21.
3.The Right to Privacy can be restricted by a law that is fair, just, and reasonable.
Which of the statements given above is/are correct?
With reference to the Right against Exploitation under the Constitution of India, consider the following:
1.Article 23 prohibits traffic in human beings and forced labour.
2.Article 24 prohibits employment of children below 14 years in factories, mines, and hazardous occupations.
3.Abolition of untouchability is also part of the Right against Exploitation.
4.The Right against Exploitation is contained in Articles 23 and 24 of the Constitution.
Which of the statements given above are correct?
Match the following provisions with their correct legal instruments:
Provision — Legal Instrument
A.Defines contractual competence based on age of majority — 1. DPDP Act, 2023
B.Recognises contracts formed through electronic means — 2. Indian Contract Act, 1872
C.Requires verifiable parental consent before processing a child's personal data — 3. IT Act, 2000
D.Prohibits employment of children in hazardous occupations — 4. Constitution of India
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