The term "horizontality of fundamental rights" refers to the application of these rights beyond just the vertical enforcement against the state. While vertical enforcement ensures that the state does not infringe on individual freedoms, horizontal enforcement extends this protection to interactions between private individuals and entities.
In the landmark case of Kaushal Kishor v. State of U.P., the Supreme Court established that fundamental rights under Articles 19 (Freedom of Speech) and 21 (Right to Life and Personal Liberty) can be enforced against private individuals, not just the state. This ruling signifies a pivotal shift towards the horizontal application of these rights, enhancing the protection of individual rights in scenarios involving private parties.
The concept of horizontality applies to various fundamental rights, including:
Enforcing fundamental rights against private individuals extends to digital intermediaries such as Google, WhatsApp, and Facebook. This enforcement significantly influences how data privacy and freedom of speech are managed. Given that these platforms handle extensive personal data, they may be held accountable under fundamental rights for privacy breaches or for practices that infringe upon individual rights.
This shift is influenced by landmark cases such as Justice K.S. Puttaswamy v. Union of India, which recognized the right to privacy as a fundamental aspect of the Right to Life and Personal Liberty under Article 21, applicable against both state and non-state actors.
When it comes to freedom of speech under Article 19(1)(a), there is a possibility of reasonable restrictions to uphold the dignity of individuals under Article 21, especially in the digital landscape. The rapid spread of digital expressions can lead to violations of dignity, necessitating curtailments to balance conflicting rights.
The state is obligated to protect citizens from violations of their Right to Life and Personal Liberty by non-state actors, including digital intermediaries. This involves creating and enforcing regulatory frameworks that ensure these platforms respect fundamental rights, aligning with both national and international human rights standards.
These insights aim to clarify the evolving landscape of fundamental rights in the context of both traditional and digital interactions, highlighting the need for legal frameworks that adapt to protect individual rights amid technological advancements and the increasing role of private entities in everyday life.
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