Why in news
- The Supreme Court sought the Union Government's response on a PIL seeking a ban on minors using social media platforms.
- The petition argues that minors cannot legally execute user agreements required to open social media accounts.
Key terms
Void ab initio
A legal act or agreement that is considered to have had no legal effect from its inception.
Click-wrap Agreement
A digital contract where a user accepts terms and conditions by clicking a button or checking a box online.
Legal basis of the challenge
- Section 11 of the Indian Contract Act, 1872 mandates that every person is competent to contract provided they have attained the age of majority.
- Under established contract jurisprudence, agreements entered into by minors are void ab initio (Mohori Bibee v. Dharmodas Ghose, 1903).
- The petition contends that click-wrap agreements and Terms of Service accepted by minors to create social media accounts lack legal enforceability.
Regulatory framework and online safety
- The Digital Personal Data Protection Act, 2023 requires data fiduciaries to obtain verifiable parental consent before processing personal data of children.
- The petition seeks judicial intervention to enforce strict age verification mechanisms before allowing platform access to protect minors from online harms.
Why it matters
- Intersects fundamental rights under Article 21 (privacy and child protection) with private law principles of contract validity.
- Sets a precedent for enforceability of digital contracts and algorithmic accountability toward child safety.
Prelims facts
- Under the Indian Contract Act, 1872, agreements entered into by minors are void ab initio.
Mains discussion
- Legal feasibility of enforcing verifiable parental consent on digital platforms while balancing data privacy.
Source: LiveMint
Same topic · past papers
UPSC has asked this before
These previous-year questions sit on the same topic. Open one to practise the earlier ask.
-
2021 · Q72 · UPPGS
Which of the following labour related Acts have been amalgamated into the 'Code on Wages, 2019'? I. Minimum Wages Act II. Payment of Bonus Act III. The Contract Labour Act IV. Equal Remuneration Act Select the correct answer using the codes given below. Codes: -
2020 · Q35 · UPPGS
Which of the following neighbouring countries of India has banned free internet for social media in July, 2020?