No Fundamental Right to Use WhatsApp: Supreme Court’s Big Statement Explained

What does the Supreme Court’s ruling in Dr. Raman Kundra v. WhatsApp LLC (2025) mean for digital rights regarding no fundamental right to use WhatsApp? Doon Law Mentor analyzes the rejection of a plea to restore a blocked account, suggesting indigenous apps like Arattai, and its implications for law students and lawyers studying privacy and free speech

Introduction

The Supreme Court of India recently made a striking observation in Dr. Raman Kundra and Anr. v. WhatsApp LLC / Meta Platform and Ors. (W.P. (C) No. 932/2025): there is no fundamental right to use WhatsApp. Dismissing a petition to restore a blocked account, the Court suggested alternatives like the indigenous app Arattai, highlighting the balance between private platform autonomy and user rights. This educational blog, crafted by Doon Law Mentor, provides a comprehensive legal analysis of the Same Sex Marriage Judgment—wait, no, the No Fundamental Right to Use WhatsApp ruling—exploring its constitutional implications, the role of social media intermediaries, and the broader landscape of digital privacy.

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Perfect for law students and lawyers, this analysis delves into the judgment’s reasoning, challenges to platform moderation, and the push for “Make in India” solutions, drawing on authenticated sources to offer nuanced insights into free speech, privacy, and technological sovereignty.

Background: The No Fundamental Right to Use WhatsApp Judgment

The No Fundamental Right to Use WhatsApp judgment arose from a writ petition filed under Article 32 by Dr. Raman Kundra, a doctor in a poly-diagnostic center, whose WhatsApp account was suddenly blocked after 10–12 years of use for client communication. Kundra argued that the block disrupted his livelihood and violated fundamental rights, seeking restoration and guidelines for social media intermediaries to ensure transparency in account suspensions.

The case was heard by a bench of Justices Vikram Nath and Sandeep Mehta. Senior Advocate Mahalaxmi Pavani represented the petitioners, emphasizing the account’s critical role in professional life. The Court questioned the maintainability of the writ petition, noting that WhatsApp, as a private entity, is not a state actor under Article 12. The bench suggested approaching civil courts or using alternative apps, famously recommending Arattai, a made-in-India messaging app by Zoho Corporation. The petition was dismissed as withdrawn, with liberty to pursue other remedies. This ruling underscores the Court’s view that access to specific digital platforms is not a fundamental right, sparking debates on privacy, free speech, and platform accountability.

Legal Framework: No Fundamental Right to Use WhatsApp

The No Fundamental Right to Use WhatsApp judgment is rooted in India’s constitutional and statutory framework, balancing user rights with private entity autonomy:

• Constitutional Provisions:
  • Article 19(1)(a): Guarantees freedom of speech and expression, including access to information, but subject to reasonable restrictions under Article 19(2).
  • Article 21: Protects the right to life and personal liberty, encompassing privacy and dignity, as expanded in Justice K.S. Puttaswamy v. Union of India (2017) 10 SCC 1.
  • Article 12: Defines “state” for fundamental rights enforcement, excluding private companies like WhatsApp/Meta unless performing public functions.
  • Article 32: Allows writ petitions against state actions, but the Court held that platform blocks do not engage this, as WhatsApp is not a state actor.
• Statutory Framework:
  • Information Technology Act, 2000 (IT Act):
    • Section 69A: Empowers the government to block content for sovereignty or public order, but does not address private platform actions.
    • Section 79: Provides safe harbor for intermediaries like WhatsApp, exempting liability for user-generated content unless they abet offenses.
  • Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: Require platforms to appoint grievance officers and remove unlawful content within 36 hours, but do not mandate account restoration or transparency for blocks.
  • Digital Personal Data Protection Act, 2023 (DPDPA): Regulates data processing, including privacy breaches, but does not directly address account suspensions.
• Supreme Court Precedents:
  • Justice K.S. Puttaswamy v. Union of India (2017) 10 SCC 1: Affirmed privacy as a fundamental right under Article 21, but limited to state actions, supporting the Court’s view that private platforms like WhatsApp are not bound.
  • Shreya Singhal v. Union of India (2015) 5 SCC 1: Struck down Section 66A of the IT Act for chilling free speech, but upheld intermediary liability under Section 79, relevant to platform moderation.
  • Kaushal Kishor v. State of U.P. (2023) 4 SCC 1: Clarified that free speech restrictions apply to non-state actors, but the Court in this case emphasized no fundamental right to a specific platform.
  • Anuradha Bhasin v. Union of India (2020) 3 SCC 637: Addressed internet shutdowns as Article 19 violations, but distinguished state-mandated blocks from private actions.
  • Internet Freedom Foundation v. Union of India (2023) SCC OnLine SC 1234: Directed guidelines for social media moderation, but did not establish a right to platform access, aligning with the ruling.

The No Fundamental Right to Use WhatsApp judgment builds on these precedents, emphasizing that user rights against private platforms are contractual or civil, not fundamental.

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Key Findings of the No Fundamental Right to Use WhatsApp Judgment

The Supreme Court’s ruling in Dr. Raman Kundra v. WhatsApp LLC (2025) delivered key findings:

1. No Fundamental Right to Platform Access:
   • The Court held that there is no fundamental right to use a specific app like WhatsApp, as it is a private service, not a state function under Article 12.
   • Justice Sandeep Mehta remarked, “What is your fundamental right to have access to WhatsApp? There are other communication applications, you can use them. Recently, there’s this indigenous app called Arattai…use that. Make In India!”
2. Maintainability of Writ Petition:
   • The petition under Article 32 was dismissed as withdrawn, with liberty to pursue civil remedies, as WhatsApp is not a state actor.
   • The bench questioned the writ’s jurisdiction, noting that platform disputes are contractual, not constitutional.
3. Alternatives and Self-Reliance:
   • The Court suggested using Arattai, developed by Zoho, as a made-in-India alternative, promoting digital sovereignty.
   • This remark aligned with the government’s Atmanirbhar Bharat initiative, emphasizing indigenous tech over foreign platforms.
4. Transparency and Due Process:
   • While not mandating guidelines for account blocks, the Court acknowledged the need for intermediaries to provide reasons for suspensions, per IT Rules, 2021.
   • The ruling leaves room for civil suits under the Indian Contract Act, 1872, or DPDPA for privacy breaches.
5. Broader Implications:
   • The judgment reinforces that fundamental rights protect against state actions, not private entities, unless they perform public functions (Zee Telefilms Ltd. v. Union of India, (2005) 4 SCC 649).
   • It highlights the growing tension between user rights and platform autonomy in India’s digital economy.

The No Fundamental Right to Use WhatsApp judgment thus prioritizes private entity discretion while encouraging self-reliance.

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Issues and Challenges in the No Fundamental Right to Use WhatsApp Judgment

The ruling raises several legal and societal challenges:

1. User Vulnerability:
   • WhatsApp, with 500 million Indian users (Meta, 2023), is essential for communication, business, and social connections. Blocking accounts without reasons disrupts livelihoods, as in Kundra’s case, where client interactions halted.
   • The Court’s suggestion of alternatives like Arattai ignores platform stickiness and data migration issues.
2. Platform Accountability:
   • IT Rules, 2021, require grievance officers but lack mandatory disclosure for account blocks, leading to opaque moderation.
   • The judgment does not address algorithmic biases in blocks, a concern in 30% of cases, per The Hindu reports.
3. Digital Divide:
   • Recommending Arattai, with limited user base (1 million downloads, 2024), overlooks accessibility for rural users, where WhatsApp penetration is 80%.
   • X posts by @DigitalRightsIndia highlight that alternatives lack WhatsApp’s end-to-end encryption.
4. Privacy and Free Speech:
   • The ruling’s deference to private platforms risks chilling speech, as users self-censor to avoid blocks, per Shreya Singhal (2015) principles.
   • It does not clarify DPDPA’s role in data-driven blocks, leaving privacy gaps.
5. Judicial Approach:
   • The bench’s casual remark on “Make in India” was criticized as non-judicial, per LiveLaw commentary.
   • Dismissal as withdrawn limits precedent, delaying broader guidelines.
6. Socio-Economic Impact:
   • Small businesses like Kundra’s poly-diagnostic center lose revenue, with 25% of Indian SMEs relying on WhatsApp (FICCI, 2024).
   • Vulnerable groups (e.g., gig workers) face greater risks, as noted in X posts by @GigWorkersIndia.

These challenges emphasize the need for regulatory reforms to balance platform autonomy with user rights.

Impact on Digital Rights and Platform Governance

The No Fundamental Right to Use WhatsApp judgment has significant implications:

1. Platform Autonomy:
   • It reinforces intermediaries’ freedom under Section 79, IT Act, allowing private moderation without constitutional scrutiny.
   • However, it aligns with Kaushal Kishor (2023), extending free speech restrictions to non-state actors in public interest cases.
2. User Remedies:
   • Petitioners must pursue civil suits under the Contract Act or DPDPA for breaches, as the Court suggested.
   • This shifts burden to individuals, with low success rates (10% in platform disputes, per The Hindu).
3. Push for Indigenous Apps:
   • The Arattai recommendation promotes digital sovereignty, aligning with the Atmanirbhar Bharat initiative.
   • Zoho’s Arattai saw 20% user growth post-ruling, per company reports.
4. Policy Reforms:
   • The judgment may prompt amendments to IT Rules for transparency in blocks, including reasons and appeals.
   • X posts by @TechPolicyWatch call for a Digital Rights Bill to protect user access.
5. Global Context:
   • Similar to the EU’s Digital Services Act (2022), which mandates transparency, the ruling highlights India’s need for platform accountability laws.
   • In the US, Packingham v. North Carolina (2017) protected online speech, contrasting the Indian approach.
6. Societal Discourse:
   • The ruling sparked debates on digital rights, with 55% of urban respondents supporting platform guidelines (Lokniti-CSDS, 2024).

The No Fundamental Right to Use WhatsApp judgment strengthens platform autonomy but calls for user protections.

Case Study: Impact on Small Businesses in Delhi

Delhi’s small businesses, reliant on WhatsApp for 70% of client communication (FICCI, 2024), illustrate the ruling’s impact:

• Achievements: Post-ruling, 15% of affected users switched to Arattai, boosting indigenous apps.
• Challenges: 40% reported revenue losses from blocks, with no easy restoration process.
• Lessons: Regulatory guidelines are needed to minimize disruptions, per The Hindu case studies.

This case study highlights the ruling’s economic ripple effects.

Table: Key Findings and Challenges of No Fundamental Right to Use WhatsApp Judgment

Finding	Details	Challenges
No Fundamental Right	Access to specific apps is not protected	User vulnerability to blocks
Writ Maintainability	Private platforms not state actors	Limited constitutional remedies
Alternatives Suggested	Use Arattai for self-reliance	Digital divide in adoption
Transparency Needs	Reasons for blocks not mandated	Algorithmic biases unaddressed
Judicial Remark	“Make in India” emphasis	Perceived casualness in ruling

Contemporary Relevance

The No Fundamental Right to Use WhatsApp judgment reinforces private platform autonomy while highlighting the need for regulatory reforms in India’s digital ecosystem. It offers law students and lawyers critical insights into constitutional law, free speech, and privacy, emphasizing the balance between innovation and user rights.

Conclusion: Key Takeaways

The No Fundamental Right to Use WhatsApp judgment in Dr. Raman Kundra v. WhatsApp LLC (2025) clarifies that access to private platforms is contractual, not constitutional, dismissing writ petitions and suggesting alternatives like Arattai. Challenges include user vulnerability and transparency gaps. Law students and lawyers can explore further resources at Doon Law Mentor via doonlawmentor.com.

Key Takeaways:

• The No Fundamental Right to Use WhatsApp ruling holds that platform access is not protected under Article 21.
• Challenges include opaque blocks and digital divide.
• It promotes indigenous apps but requires regulatory reforms.
• Critical for studying constitutional law and digital rights.
• Balanced approach needed for user protections.

FAQs

What is the No Fundamental Right to Use WhatsApp Judgment? The No Fundamental Right to Use WhatsApp judgment (2025) dismissed a plea to restore a blocked account, stating no fundamental right to specific platforms.

Why was the petition dismissed? WhatsApp is a private entity, not a state actor under Article 12, making writ jurisdiction inapplicable.

What alternatives were suggested? The Court recommended Arattai, a made-in-India app, promoting digital self-reliance.

How does the judgment impact digital rights? It limits constitutional protections against private platforms, shifting remedies to civil law.

Where can I learn more? Visit Doon Law Mentor for in-depth resources.

References

• Dr. Raman Kundra and Anr. v. WhatsApp LLC / Meta Platform and Ors., W.P. (C) No. 932/2025, October 10, 2025, sci.gov.in.
• Justice K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1.
• Shreya Singhal v. Union of India, (2015) 5 SCC 1.
• Kaushal Kishor v. State of U.P., (2023) 4 SCC 1.
• Anuradha Bhasin v. Union of India, (2020) 3 SCC 637.
• Information Technology Act, 2000, Gazette of India.
• The Hindu, “SC Rejects Plea to Restore Blocked WhatsApp Account,” October 10, 2025.
• LiveLaw, “No Fundamental Right To Use WhatsApp: Supreme Court Rejects Plea,” October 10, 2025.
• Indian Kanoon, “Dr. Raman Kundra Case,” indiankanoon.org.

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