The Supreme Court of India asked on Monday, 28 September 2026, how children can have social media accounts when such accounts are created through contracts between minors and the platforms, noting that Indian law declares minors legally incompetent to enter contracts.
A bench headed by Chief Justice Surya Kant declared that these contracts are void from the outset, or void ab initio. Justice Joymalya Bagchi questioned the practice of allowing children as young as 12 to 15 years old to register on platforms such as Twitter, describing an account as a contractual agreement between the child and the social media company.
The court heard a petition filed by the Just Rights for Children Alliance, an NGO founded by Bhuwan Ribu and represented by senior advocate H.S. Phoolka, which calls for safeguards for children accessing digital platforms. Justice Bagchi said a statutory framework must be crafted, using existing laws to address the issue. The Solicitor General, Tushar Mehta, argued that the Digital Personal Data Protection Act, 2023, already covers the matter, but Mr. Phoolka pointed out that the Act’s provisions would only take effect in 2027, leaving a gap in the interim. The law officer suggested adopting a regime similar to other laws that require parental consent for users under 18, with the contract signed by a parent.
The court reiterated that agreements between minors and social media platforms are contrary to the law. Justice Bagchi urged the government to issue directions under the Intermediary Rules mandating that platforms comply with Indian law, including an 18‑year minimum threshold for membership. The Solicitor General said, “Something can be done, something should be done, and it will be done.”
