Artificial Intelligence and Child Protection in India: Emerging Constitutional and Legal Challenges.

Nasima Aktara Choudhury

doi:10.36948/ijfmr.2026.v08i04.84913

Artificial Intelligence and Child Protection in India: Emerging Constitutional and Legal Challenges.

Author(s)	Ms. Nasima Aktara Choudhury
Country	India
Abstract	Children today are growing up in a world where digital technologies are woven into everyday life, shaping how they learn, interest and express themselves. While this has created new opportunities, yet it has also exposed children to less visible but deeply concerning forms of harm, particularly those emerging in online spaces. In the Indian context, the increasing use of social media platforms, digital applications, and Artificial intelligence has raised serious questions about how effectively the law is able to safeguard children’s privacy and ensure their safety in such environments. Although the Constitution of India provides a strong foundation for the protection of fundamental rights, its application to the realities of digital childhood remains uneven and, at times, inadequate. This paper seeks to explore how constitutional principles can respond to the growing challenges of protecting children online, especially in cases involving cyber grooming, sextortion, cyber bulling, and the misuse or circulation of personal data without consent. Using a doctrinal and analytical approach, the study examines constitutional provisions, relevant judicial developments, and existing statutory framework, including the Protection of Children from Sexual Offences Act,2012, to understand their capacity to address these evolving harms. It also reflects on the delicate balance between safeguarding children and preserving fundamental freedoms, particularly the right to privacy under Article 21 and freedom of expression under Article 19. The paper highlights a key gap in the current legal framework-while laws exist, they are largely shaped by offline perspective of harm and therefore struggle to keep pace with the fluid and borderless nature of digital abuse. Issues such as anonymity of offenders, algorithm-driven targeting, and limited accountability of digital platforms further complicate effective enforcement. In this context, the study argues that shift in approach is necessary-one that recognizes children not merely as passive recipients of protection but as rights-bearing individuals within the digital ecosystem. The paper concludes by suggesting the need for a more nuanced and forward-looking constitutional responses that brings together child protection and digital governance, It emphasizes the importance of clearer accountability mechanisms, Child-sensitive regulatory standards, and a stronger commitment to protectin.
Keywords	Child Rights, Online Abuse, Privacy, Digital Safety, Artificial Intelligence, Cyber Exploitation
Field	Sociology > Administration / Law / Management
Published In	Volume 8, Issue 4, July-August 2026
Published On	2026-07-31
DOI	https://doi.org/10.36948/ijfmr.2026.v08i04.84913

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Artificial Intelligence and Child Protection in India: Emerging Constitutional and Legal Challenges.

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