Abstract
The proliferation of social media platforms in India has created unprecedented challenges for children's privacy protection, with millions of minors exposed to comprehensive data collection, behavioral profiling, and algorithmic manipulation. The Digital Personal Data Protection Act (DPDPA), 2023, represents India's first comprehensive statutory response to digital privacy concerns. However, this article argues that while the DPDPA establishes important foundational protections, structural ambiguities within its children's privacy framework introduce distinct operational frictions. Through a critical analysis of the Act's provisions specific to the Indian context, an examination of pre-existing Indian legal frameworks, and an assessment against documented harms affecting Indian children, this article evaluates key regulatory pain points. While the statutory text of the DPDPA actively prohibits targeted advertising, behavioral tracking, and nominal child consent through a strict, baseline age threshold of eighteen under Section 2(f) and Section 9, significant policy gaps remain unaddressed. Chief among these is the enforcement of a rigid, blanket age gate that ignores the legal doctrine of evolving capacities, leaving a vulnerable gray area regarding organic engagement-maximizing algorithms that manipulate minor psychology without technically crossing into banned targeted marketing. Furthermore, the article analyzes the upcoming framework of the Digital Personal Data Protection Rules, evaluating how this imminent secondary legislation will shift the immediate challenge from regulatory absence to practical, systemic implementation and enforcement by the proposed Data Protection Board of India (DPBI). The article concludes that legislative amendments establishing explicit, tiered child-centric protections tailored to India's unique developmental and socio-cultural context paired with structural mandates for automated Data Protection Impact Assessments (DPIAs) and direct administrative coordination with national child welfare bodies are essential to adequately insulate Indian children within contemporary digital environments.