The Horizontal Application of Fundamental Rights in Indian Jurisprudence

Understanding the Horizontality of Fundamental Rights in India

The concept of the horizontality of fundamental rights expands the scope of these rights beyond their traditional application. Traditionally, fundamental rights are enforceable vertically, meaning they are applicable against the state and its instrumentalities. However, horizontality allows these rights to be enforced against private individuals or entities as well, thereby broadening their protective reach.

Supreme Court's Landmark Decision

In the pivotal case of Kaushal Kishor v. State of U.P. 2023, the Supreme Court of India affirmed that certain fundamental rights, specifically Articles 19 and 21, are applicable not only against the state but also against private individuals. Article 19 emphasizes the freedom of speech, while Article 21 safeguards the right to life and personal liberty. This ruling underscores the horizontal application of these rights, reinforcing their protection in private interactions.

Horizontality in Specific Constitutional Provisions

• Prohibition of Untouchability (Article 17): This article categorically bans untouchability in any form. Its horizontal application ensures that no individual or private entity can engage in practices of untouchability, holding them accountable in court for any violations.
• Prohibition of Child Labor (Article 24): Article 24 prohibits the employment of children under the age of fourteen in hazardous environments such as factories and mines. This prohibition extends to private individuals and businesses, safeguarding children from exploitation across both public and private sectors.

Implications of Horizontal Enforcement

The enforcement of fundamental rights against private individuals has profound implications. It ensures that individuals are shielded from violations not just by state entities but also by private parties. For instance, in the case of untouchability, enforcing this prohibition horizontally means that discrimination based on untouchability in private businesses, housing, or social settings is impermissible.

Similarly, the prohibition of child labor requires private employers in industries like textiles, fireworks, and plantations to comply with regulations that protect children’s rights to education and safety from hazardous work environments. Moreover, in the realm of data privacy, individuals are granted protection against infringements by both state entities and private corporations like METa and Google.

These examples highlight how the horizontal application of fundamental rights can transform societal norms and behaviors, ensuring enhanced protection of individual rights. However, this also introduces challenges, particularly in defining the extent of private actions under constitutional law. As jurisprudence evolves, the balance between individual freedoms and societal responsibilities continues to be refined.