Should the Centre be told to build an enforceable framework for children on social media, or to bar or restrict their access by age? A school and its Director have put that question to the Supreme Court.
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New Delhi: Asking the Supreme Court to direct the Central government to frame, notify and operationalise a dedicated, comprehensive and enforceable framework to protect children on social media, Emerald Heights International School and its Director, Siddharth Singh, have filed a petition [Emerald Heights International School and Another v. Union of India]. The case number and listing date were not reported, and the petitioners’ contentions have not yet been tested before the Court.
Advocate Vaibhav Choudhary represents the petitioners. No bench has been reported.
The harms the petitioners cite
Depression, anxiety, compulsive use, cyberbullying, grooming, sexual exploitation, exposure to harmful content and behavioural profiling are listed in the petition as harms to children. They can go unnoticed until serious damage occurs, the petitioners say, and, in the petition’s words, they:
“cannot be adequately addressed through reassuring statements, voluntary platform measures or parental controls alone”
The constitutional case
Protecting children from harmful environments is a constitutional duty of the State, the petition says, relying on Articles 39(e), 39(f), 21 and 47 of the Constitution and the UN Convention on the Rights of the Child. It contends that:
“cannot be left solely to parental supervision or corporate goodwill”
What the petition asks for
In the alternative, the plea seeks a ban on social media use by children below a prescribed age, with regulated use above it, or enforceable age-based restrictions on children’s accounts on designated platforms. It also asks for a declaration that the continuing failure to protect children from foreseeable risks is arbitrary and violates fundamental rights, including the right to equality and the right to life.
What happens next
A policy debate is being turned into a request for a constitutional direction. Whether the Court will entertain it, or leave the choice between a framework and an age-based ban to the Centre and Parliament, will be seen once it is listed. The Union’s position is not yet on record.
Case Title: Emerald Heights International School and Another v. Union of India (case number not reported)
Appearances: Advocate Vaibhav Choudhary for the petitioners
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