Reimagining Child Rights in the Digital Age: Constitutionalism, Artificial Intelligence, and the Future of Child-Centered Governance in India

Abstract

The digital transformation of society has revolutionised the definition of childhood. Today's children engage with AI-powered systems, social media, algorithm-driven suggestions, and data-informed technology that influence their learning, communication, and personal growth. These technologies present unparalleled opportunities for participation and empowerment, but also new and enhanced threats to children, including surveillance, profiling, privacy violations, behavioral manipulation and online exploitation. There are currently existing laws that were designed for physical settings that are not so well suited to the new issues. This article proposes that the current child rights discourse in India needs to be shifted from a welfare paradigm to a child centred paradigm of digital governance. The article explores the implications of AI and digital technologies for the concepts of privacy, autonomy, dignity and development, drawing on the principles of the constitution and existing statutes, international child rights law, and judicial rulings. It argues that protecting children's rights is not merely a question of consent-based regulation but necessitates the inclusion of such protections in technologies and systems of governance. Proposed is a framework based on the principles of privacy-by-design, safety-by-design, algorithmic accountability, transparency and meaningful child participation.