India is moving towards a possible statutory restriction on minors opening social media accounts, after the Supreme Court questioned how children under 18 can independently enter into agreements with digital platforms. The Centre has indicated that it will act, but no new rule imposing such a restriction has been formally notified yet.
According to The Times of India, the Centre told the Supreme Court on September 28 that it would soon insert a provision in the Information Technology intermediary rules to prevent social media intermediaries from allowing under-18s to open accounts.
PTI, however, reported the government’s position more cautiously as an undertaking to examine the issue and take appropriate steps.
The case concerns a petition by the Just Rights for Children Alliance seeking stronger safeguards for minors on social media and other digital platforms. According to PTI, the Supreme Court bench headed by Chief Justice Surya Kant, with Justices Joymalya Bagchi and V Mohana, asked the Centre to examine whether such safeguards could be given statutory backing. The petition argues that children below 18 lack contractual capacity under Indian law.
Section 11 of the Indian Contract Act, 1872 says a person is competent to contract only if they have reached the age of majority and satisfy the other legal requirements. According to the PTI report, the petitioner argued that platforms allowing minors to independently accept their terms of service were therefore entering into agreements with people who lack contractual capacity.
Justice Bagchi also pressed the government on whether platforms' technology should be brought into line with Indian law. Solicitor General Tushar Mehta signalled that the Centre would consider the matter.
The Economic Times and TOI also reported that Mehta indicated educational websites could potentially allow minors to participate with parental consent.
The petition is seeking more than a simple age threshold. According to PTI, it asks the Centre to amend the IT Intermediary Rules, 2021, or issue specific directions so that digital platforms do not enter into contracts with children under 18 without parental or lawful-guardian consent, subject to identity verification or e-KYC. It also refers to Section 79 of the IT Act, which provides conditional safe-harbour protection to intermediaries that meet specified requirements.
The issue also overlaps with India’s data protection regime. The Digital Personal Data Protection Act, 2023 provides special protections for children, including verifiable parental consent for specified processing of children's personal data. Under the government's November 13, 2025 commencement notification, Sections 3 to 10 of the Act are scheduled to take effect 18 months after that date, in May 2027.
The technology industry has meanwhile been introducing its own safeguards. Meta launched Instagram Teen Accounts in India in February 2025, with private-by-default settings, stricter messaging controls and parental supervision tools. YouTube has also been expanding machine-learning age estimation in some markets to identify likely under-18 users and apply additional protections.
