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India’s first statutory framework for children’s data protection was constructed by Section 9 of the Digital Personal Data Protection Act 2023 and Rules 10 to 12 of the DPDP Rules 2025. The framework which was built around verifiable parental consent as a standard turns out to be ambitious in design while remaining critically under-specified when it comes to its operation. This paper argues that without providing the definitional clarity or institutional infrastructure necessary for meaningful enforcement, the consent-centric model Parliament has chosen delegates an unworkable technical and legal burden to Data Fiduciaries. It argues that fundamentally, the best interest of the child cannot be protected by centering parental consent; rather , it produces a framework that protects parental authority rather than children. The paper identifies three structural deficits and proposes targeted legislative reforms drawing on comparisons with the GDPR, the UK’s Age Appropriate Design Code, and the US Children’s Online Privacy Protection Act.
Keywords:
CONSENT, AGE, AND THE BEST INTERESTS OF THE CHILD: EVALUATING SECTION 9 OF INDIA’S DIGITAL PERSONAL DATA PROTECTION ACT
Cite Article:
"CONSENT, AGE, AND THE BEST INTERESTS OF THE CHILD: EVALUATING SECTION 9 OF INDIA'S DIGITAL PERSONAL DATA PROTECTION ACT", International Journal for Research Trends and Innovation (www.ijrti.org), ISSN:2456-3315, Vol.11, Issue 3, page no.b792-b796, March-2026, Available :http://www.ijrti.org/papers/IJRTI2603199.pdf
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2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator