Owais S. Khan, Government Law College (GLC), Mumbai
ABSTRACT
The remedy for any violation of rights consists of two categories – Vertical and Horizontal. The Vertical Enforcement or redressal of rights takes place when the violation takes place under the direct tutelage of state. The Horizontal Enforcement, on the other hand provides for redressal when the violation takes place by private parties which can be a juristic or a corporate personality. Thus, the present article explains in detail the evolution of Enforcement of rights in India, and the humble beginning of Horizontal Enforcement of rights. The fact that the Vertical Enforcement has explicit constitutional recognition and the Horizontal Enforcement lacking the same, the article also strives to highlight the role of the Indian Judiciary, in upholding the rights of the citizens, by inventing some novel doctrines by virtue of Judicial Activism. The Article also dwells on the various methods by which the Horizontal Enforcement is promoted. Finally, the article provides a comparative analysis of the Horizontal Enforcement from a global perspective.
