The plea was filed raising concerns over minors being allowed to independently create and maintain social media accounts despite their incapacity to enter into contracts under Section 11 of the Indian Contract Act, 1872.
Senior Advocate HS Phoolka, appearing for JRCA, said the incapacity of a minor to enter into a contract is settled law and that this protection cannot disappear when the agreement moves online.
The petitioner said that directions should be issued to the Centre to inform digital platforms that any contract entered into by a child below eighteen is void ab initio, and steps should be taken to suspend such contracts.
Further, it was contended that a specific provision should be inserted in the Information Technology Rules, 2021 or fresh guidelines should be issued requiring parental consent for minors to create social media accounts.
In such cases, the guardian’s identity should be verified through e-KYC or another recognised mechanism, it was submitted.