Author(s): Adv Goutham Krishnan and Adv Rebecca Sara George
Paper Details: Volume 2, Issue 1
Citation: IJLSSS 2(1) 1
Page No: 1-18
ABSTRACT
The development of artificial intelligence in the twenty-first century has accelerated worldwide. The new AI has replaced humans by taking over their tasks in all domains. Humans have been replaced by computers, machines, and robots. With the recent advancements of ChatGPT and openAI, its use has made it irreplaceable in the near future, but at the cost of increasing the risk of cybercrime, intellectual property issues, job loss, data protection and privacy issues, liability for damage, cybersecurity and lack of accountability, legal personhood issues, and discrimination. The AI has grossly infringed the individual’s human rights, which is vital for their personal development, including the right to privacy and security which is a primary duty of the state to preserve. The AI has failed to secure human rights protections, particularly for the most marginalized and ethnic minorities. The perils of using AI tools such as fraud detection systems and facial recognition technology for societal control, mass surveillance, and discrimination. One of the most pressing issues in AI is ‘informational privacy’ and there is a fear of exposing sensitive information. When combined, these unique privacy threats demand extensive legal, ethical, and technological remedies to protect privacy in the age of AI. Thus it evident from the above itself that the growth of AI and the rapid development of the same has got its effect on all walks of life of an individual such as education, health, profession and the like. It is however noteworthy that the development of AI has a negative impact on human life as well. There are instances when AI has been used as a tool to even harass and humiliate people particularly marginalized society. It is in this context that the issues relating to AI on humanitarian grounds are addressed. Further the lack of legal frameworks in this regard also has proved to be a catalyzing factor for the study. In this paper we will discussing about the AI and human rights, AI on humanitarian perspective, AI and human right violations, the legal challenges of AI violating human rights in India and balancing the right of AI and human rights and responsibilities, conclusion and suggestions.
Keywords: AI, Human rights, Privacy, Data protection, Informational Privacy
ARTIFICIAL INTELLIGENCE AND HUMAN RIGHTS
Artificial intelligence (AI) is a technology that enables computers and machines to simulate human intelligence and problem-solving abilities. Machine learning and deep learning are both examples of artificial intelligence.[1] These topics involve the development of AI algorithms modeled after the human brain’s decision-making processes, which may ‘learn’ from available data and provide more accurate classifications or predictions over time. Today, the term “AI” refers to a wide range of technologies that power many of the services and products we use on a daily basis, from apps that recommend TV shows to chatbots that provide real-time customer support. Some common AI examples include ChatGPT, Google Translate, Netflix, Tesla, and others. Artificial intelligence is widely applied in a range of industries. Automating tasks that do not require human interaction saves both money and time.
While the theory of artificial intelligence has been debated since at least Leibnitz in the early 18th century, the notion of AI as we know it today dates back to the early 1940s and was popularized by the establishment of the “Turing test” in 1950. More recently, we are witnessing a period of tremendous advancement in the field of AI as a result of three factors: improved algorithms, more networked computer power, and enhanced ability to acquire and store massive amounts of data.[2]
Artificial intelligence in India is in its infancy because, as a developing country, this technology has arrived late. Technological advancements in the 21st century, including the rise of social networking sites and foreign firms investing in India, have led to research and development in artificial intelligence. This new technology enhances human reasoning abilities.
Artificial intelligence is now widely used across all industries worldwide. Smart technology has reduced strain and boosted productivity in the workplace. The Indian government’s policy-making agency, Niti Aayog, emphasizes the usage of artificial intelligence. However, it uses the Information Technology Act 2000 indirectly to manage and govern AI. The government passed the Data Protection Bill 2019 to address digital governance and privacy concerns with data and cyberspace, including the ethical use of intelligence. Now that these technologies are commonplace, it’s easy to forget that AI techniques such as speech recognition, natural language processing, and predictive analytics are in use. However, like with any new technology, AI presents a number of human right violations in society.
Human rights encompass old wisdom that can help us tackle today’s issues. Human rights represent, most significantly, a normative, legally enforceable framework that not only directs but also unlocks all liberties for everyone, everywhere — thus the checks and balances they establish. They are ultimately concerned with human agency and human dignity. In short, they provide a long-term, intergenerational governance model that will ensure our future.[3]Human rights embody the belief that people must be safeguarded from certain abuses performed by their governments, as well as individuals, private entities, and companies.
ARTIFICIAL INTELLIGENCE ON HUMANITARIAN PERSPECTIVE
The use of Artificial Intelligence (AI) in humanitarian action is a significant advancement, combining cutting-edge technology with the goal of reducing suffering and saving lives. AI’s use in humanitarian endeavors aligns with a broader trend of digital transformation in numerous areas. AI has the ability to significantly improve catastrophe risk mitigation, resource allocation, emergency education, and food assistance, leading to increased efficiency, productivity, and impact.[4]
While AI advancements provide new potential and benefits, we must not disregard the recognized risks offered by AI systems when utilized for social control, mass surveillance, and discrimination. All too often, AI systems are trained on vast volumes of private and public data that reflect societal inequities, resulting in biased outcomes and worsening disparities. entertainment. However, AI raises ethical issues, privacy infringement, bias, discrimination, and security problems.[5]
The problem of data ownership and privacy is often disregarded, especially in sensitive areas such as gender-based violence and child protection. The lack of transparency on data utilization and individuals’ control over connected or linkable information, as well as uncertainty about how this information interacts with AI systems, pose privacy and ethical problems.
ARTIFICIAL INTELLIGENCE AND HUMAN RIGHT VIOLATIONS
Human rights are the universal and inalienable rights that every human being possesses, regardless of race, gender, religion, nationality, or any other status. They encompass civil and political rights such as the right to life, liberty, privacy, expression, and participation, as well as economic, social, and cultural rights such as the right to education, health, employment, and culture. Human rights are inscribed in a number of international instruments, including the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social, and Cultural Rights.
However, with the increased usage of AI, several human rights of the individuals have continued to be abused and violated. Some of the rights are right to privacy and data protection, right to freedom of speech and expression, right to profession and right to livelihood, right against indecent representation of women in online platforms using AI tools and right against defamation. But there are loopholes associated with AI relating to legal personality and its liability in India. Academic and civil society coverage of AI-related legal concerns can be broad, encompassing a wide range of dangers and challenges. At other times, they address very particular challenges.
AI VIOLATING THE HUMAN RIGHTS OF MARGINALIZED MEMBERS
We cannot disregard the established risks offered by AI systems when employed for societal control, mass monitoring, and discrimination. All too often, AI systems are trained on vast volumes of private and public data that reflect societal inequities, resulting in biased outcomes and worsening disparities. From predictive policing tools to automated systems used in public sector decision-making to determine who can access healthcare and social assistance, to tracking the movement of migrants and refugees, AI has flagrantly and consistently violated the human rights of society’s most marginalized members. There is emerging evidence that biased practices disproportionately affect women, ethnic minorities, the disabled, and LGBTQ people.
AI has created new types of oppression, which often disproportionately affect the most disempowered and vulnerable people. Governments are looking to facial recognition software, despite its imperfections, to monitor their population, enable stereotyping of specific groups, and even recognise and detect people. For many years, algorithms have been employed to produce credit scores and govern loan screening. Nonetheless, with the rise of big data, systems now employ machine learning to combine and analyze non-financial data points to construct credit scores, such as a person’s location, web browsing history, and purchasing decisions. These algorithms generate e-scores, which, unlike traditional credit ratings, are fully deregulated. Sometimes these are discriminatory and wrong.
AI USED AS A TOOL OF DISCRIMINATION
With the advancement of AI in our organic communities, the issue of discrimination and institutional racism has gained prominence in political discussions regarding technological progress. Article 2 of the Universal Declaration of Human Rights and Article 2 of the International Covenant on Civil and Political Rights both provide that individuals are entitled to all rights and freedoms without discrimination. Of course, this is impossible to put into reality given the wide range of discriminating beliefs and oppressive practices that characterize human contact. Though some erroneously believe that AI is the solution to this problem, a technological instrument that frees us from the bias of human decision-making, such views fail to account for the presence of human intelligence in AI technology.
Indeed, AI algorithms and face-recognition systems have frequently failed to maintain a minimum level of equality, particularly by exhibiting discriminating inclinations toward Black individuals. In 2015, Google Photos, which is considered advanced identification software, misidentified a photograph of two Black people as one of gorillas. When ‘Black females’ was typed into the Google search field, the algorithm displayed sexually explicit content in response. Researchers also discovered that an algorithm for determining which patients require further medical care devalued the medical needs of Black patients.
Facial-recognition technology is currently being used in the criminal justice systems of several states, including Hong Kong, China, Denmark, and India, to identify suspects for predictive policing. Skeptics argue that rather than moderating and controlling police work, such algorithms exacerbate pre-existing discriminatory law enforcement practices. The unevaluated bias of these tools has increased Black people’s chance of being seen as high-risk offenders, reinforcing racial tendencies in the court and prison systems. Such racial discrimination inherited in AI degrades its transformational deployment in society and violates equal treatment and the right to protection.
While communities are increasingly advocating for Black people’s rights through the Black Lives Matter movement, the increased use of AI in society is encouraging digital bias and reproducing the harm that is already being addressed. In this way, technology disproportionately impacts the vulnerable by intensifying discriminatory practices that already exist in modern society.
AI VIOLATING THE RIGHT TO WORK OF HUMAN BEINGS
Article 23 of the Universal Declaration of Human Rights, Article 6 of the ICESCR, and Article 1(2) of the International Labour Organization all provide the right to work and protection from unemployment. Though the rapid advancement of AI has altered existing businesses and personal lives by increasing the efficiency of machines and services, it has also ushered in a period of unemployment owing to the replacement of human labor. In his book Work in the Future Michael Osborne, who projected that 47% of employment in the United States are at risk of future automation owing to AI.
In 2017, Changing Precision Technology, a Chinese mobile phone manufacturing company, replaced 90% of its human labor with machines, resulting in a 250% boost in production and an 8% reduction in faults. Similarly, Adidas has shifted to ‘robot-only’ factories to increase efficiency. Thus, corporate success is no longer dependent on a human workforce; in fact, human labor may reduce productivity. Until now, technology has had a greater negative impact on low and middle-skilled workers, resulting in fewer employment options and lower salaries, leading to the formation of job polarization. However, as technology advances, many vocations that are currently considered safe from automation will be supplanted by AI.
AI USED AS A MEANS OF CONTROLLING POPULATION AND MOVEMENTS
Many governments have acknowledged freedom of movement as a fundamental individual right, which stems from numerous international declarations. AI’s ability to limit this privilege is directly tied to its use for spying. According to a Carnegie Endowment for International Peace research, at least 75 of the world’s 176 countries actively use AI for security objectives such as border management. Concerns have been raised about the uneven impact of surveillance on communities already discriminated against by police, such as Blacks, refugees, and irregular migrants, since predictive policing systems wind up factoring in “dirty data” that reflects conscious and subconscious bias.
According to The Guardian, dozens of towers equipped with laser-enhanced cameras have been placed along the US-Mexico border in Arizona to combat illegal immigration. In addition, the US government used a facial recognition system to capture photographs of persons inside vehicles entering and exiting the nation.
Technological changes have also had an impact on the military and humanitarian sectors. The growing use of armed drones in conflict, particularly by the United States in Pakistan and Afghanistan, has been frequently condemned as a violation of International Humanitarian Law in a 2010 UN study. An examination by The Intercept into US military operations against the Taliban and al Qaeda in the Hindu Kush revealed that nearly nine out of 10 civilians killed in drone attacks were not intended targets.
The rapid advancement of autonomous technology and AI has also resulted in completely autonomous weaponry such as “killer robots,” raising a slew of moral, legal, and security concerns. The lack of ethical judgment in such robots has prompted worries about their reliability and mistake. The lack of ethical judgment in such robots has prompted worries about the weapons’ reliability and error in judgment, which could lead to unintended deaths and quick escalation of conflict. Indeed, Zachary Kallenborn’s article emphasizes the inability of these weapons to distinguish between fighters and noncombatants.
Furthermore, the introduction of ‘humanitarian drones’, which use military technology for humanitarian objectives, has generated ethical concerns about how this technology may harm vulnerable communities. There are clear negative effects for disadvantaged groups, whose personal information has increased their danger of violence. Biometrics have been used to register refugee populations with the UNHCR; while this is thought to be an objective identifying method, there is considerable evidence that these technologies essentially codify discrimination. For example, biometric data obtained from Rohingya refugees in India and Bangladesh was used to facilitate repatriation rather than integration into society, worsening the community’s misery.
AI VIOLATING FREEDOM OF SPEECH AND EXPRESSION
Pegasus is a spyware that infects iPhones and Android smartphones, allowing operators to extract texts, images, and emails, record calls, and discreetly activate microphones. The Indian government has been accused of using spyware to target prominent opposition political figures, journalists, activists, and others on November 2021[6]. Citizens’ fear of being monitored increases, as does their risk of failing to exercise their fundamental rights, such as freedom of speech and expression.AI-powered digital robots are the latest tool for harassing marginalized and opposing voices online.
Digital bot accounts that are difficult to identify impersonate actual users and send automatic responses to recognized accounts or anyone who shares a specific opinion, infringing on the right to free expression. In multiple recent global elections, it has been claimed that political parties employed artificial intelligence to develop and spread misleading information about their political opponents, jeopardizing democratic principles and violating the concept of free elections.
AI VIOLATING THE IGHT TO PRIVACY
The right to privacy is recognized as a fundamental human right by Article 12 of the Universal Declaration of Human Rights, Article 17 of the International Covenant on Civil and Political Rights, and various other international and regional human rights treaties. Article 21 of the Indian Constitution guarantees the right to life, including privacy. Privacy is a vital human right that allows people to live in dignity and safety. However, in the digital environment, including when we use applications and social media platforms, massive amounts of our personal information are collected – with or without our knowledge – and may be used to profile and anticipate our behavior. We share information about our health, political beliefs, and family life without knowing who will utilize it.
Although AI has been useful for humans, it is ironical that these very capacity of AI make us vulnerable to intrusions of our privacy. The personal data can compromise us in unpleasant ways -with consequence ranging from personal embarrassment to financial loss, the transmission of data is equally fraught with the risk of interception -both lawful and unlawful that would compromise our privacy. In the age of cloud computing, our data in ChatGPT reside on distant servers of the companies whose services we use, our privacy becomes only as strong as these companies internal electronic security systems. By incorporating sensitive third-party or internal company information into ChatGPT, it becomes part of the chatbot’s data model, which may be accessed by anybody with relevant requests. This action increases the risk of data leakage and may violate an organization’s data retention policy as a result of AI security vulnerabilities.
The current pandemic has resulted in a rapid increase in reliance on AI to enforce social control, raising numerous privacy problems. Arogya-Setu’s deadly combination of health data and digital surveillance. Technologies pose a significant danger to fundamental human rights and can be utilized as tools of exploitation and oppression. In fact, if the use of AI continues to be generally unregulated, vulnerable people’ human rights will almost certainly suffer.
VIOLENCE AND INDECENT REPRESENTATION OF WOMEN AND CHILDREN BY USING AI TOOLS
Artificial intelligence (AI) has also been linked to violence and abuse. For example, with the AI-assisted apps and tools used to create so-called ‘deep fake’ imagery, as seen in Image-Based Abuse, a person’s face may be digitally blended into existing pornographic photographs or videos. Fake sexual imagery[7] can still be extremely harmful to women, owing to the fact that we still live in a society in which women’s worth and suitability as professionals, parents, or friends are still linked to archaic conceptions of sexual reputation or character.
Furthermore, language processing techniques, while meant to detect abusive language, can be exploited by abusers who utilize veiled or hostile language that, on its own, may not appear severe enough to merit reporting to police. At the community level, algorithmic content judgments and the dissemination of misinformation and disinformation aggravate gender inequality and intolerance. These judgments are frequently influenced by advertising revenue or engagement numbers, which contribute to the normalization of sexism, misogyny, and other inequalities in online platforms.[8]
LEGAL CHALLENGES OF AI VIOLATING HUMAN RIGHTS IN INDIA
As AI technologies advance, they have raised serious concerns about human rights in India.AI has severely impacted the human rights of women, children, migrants, and refugees, frequently leading to bias, discrimination, inequality, and privacy violations. Artificial intelligence technologies pose substantial challenges to established legal frameworks of human rights in India. Conventional laws in India frequently struggle to keep up with the rapid development in AI, resulting in ambiguity and confusion about legal personality, responsibility, accountability, and liability that poses significant legal challenges.
Several governments have addressed these concerns by creating AI-specific legislation or guidelines. For example, the European Union’s General Data Protection Regulation (GDPR) includes measures for automated decision-making and profiling, with the goal of protecting individuals’ rights in the age of artificial intelligence. Similarly, countries such as the United States and Canada are investigating regulating frameworks to address concerns about AI bias, transparency, and accountability.
AI has not been granted as a legal person. The essence of legal persons resides in their right to possess property and their capacity to sue and to be prosecuted. Since legal persons have not been solely granted to people according to Indian law, non-human entities such as businesses and other legal persons have been granted legal status. The lack of equity and diversity in the design of AI systems is a big concern: rather than making our decisions more fair, they may encourage discriminatory practices by giving them the appearance of objectivity
In India, it has developed programs and recommendations for the responsible development and deployment of AI technology, although they are currently no formal laws governing AI in India. Instead a strategy has been undertaken by the India government that has charged its main public policy think tank NITI Aayog with developing guidelines and policies for the development and use of AI. In 2018 it has launched National Strategy for artificial intelligence #AIForAll.In February 2021, the NITI Aayog published Part 1 – Principles for Responsible AI[9], an approach paper that examines the many ethical implications of deploying AI solutions in India, which are classified into system and societal factors. Part 2 – Operationalizing Principles for Responsible AI was released by the NITI Aayog in August 2021.[10] The report details the actions that must be taken by both the government and the private sector, in collaboration with research institutes, to address regulatory and policy interventions, capacity building, incentivizing ethics by design, and developing frameworks for compliance with relevant AI standards.
The legal challenges possessed by Artificial Intelligence have far reaching repercussions for society that will indirectly affect the human rights of individuals. As AI system becomes more autonomous and capable of making decisions that would directly affect people’s lives, concerns about justice, transparency and bias arise.
One of the major concerns is the possibility of bias in AI algorithms or delivering inadequate algorithms which might perpetuate or exacerbate current imbalance in the society that would automatically and inadvertently discriminate against specific groups resulting in unfair outcomes compounding concerns of race, gender and socio economic status. As AI systems are opaque, it presents a substantial barrier to transparency and accountability in the society.
Furthermore, the swift pace of technological innovation of AI system poses a significant problem to the legal frameworks and legislation which may struggle to keep up with the changing technology. Questions regarding liability, accountability and data privacy in the context of AI generated choices remain largely unanswered forcing the policymakers and legal experts to confront with difficult concerns at the interface of law and technology. For example, Collecting and analysis of massive volumes of personal data of AI system may raise concerns about individual privacy.
This legal issue may pose national security risks if an entity has a connection to the central government. The privacy of children, women and minorities tend to especially in this digital age and they have become frequent targets of exploitation. AI has spawned new kinds of annoyance impersonating someone’s else’s identity for financial gain -each of which has the effect of impinging of one’s privacy.
AI relies on a large amount of data to “learn” from; algorithms require enormous amounts of data to provide accurate results and meaningful outputs. This is especially true when the desired result is more intricate. The AI cannot learn unless the data is collected or exists. If the data is inadequate, the AI could learn things erroneously. Data gathering without adequate authorization, protection of personal data, inherent selection biases and the potential of profiling and discrimination, and the non-transparent nature of AI solutions are just a few of the challenges that need to be addressed.
The AI accountability discussion, which is currently primarily concerned with determining liability, needs to be switched to objectively identifying the component that failed and how to prevent it in the future. An analogy can be drawn between how airlines have evolved into a relatively safe sector today. Each accident has been thoroughly studied and a course of action has been developed. Similar measures are necessary to assure the safety of AI.
CONCLUSION AND SUGGESTIONS
With the continued expansion of the AI reign, the tension between AI and human rights is becoming more visible as technology becomes more fundamental to our daily lives and societal functioning. As AI is viewed as an improvement to modern society, the lack of strong Data Protection rules provides Tech corporations with a society primed for digital exploitation.
With minimal oversight or responsibility, these firms brazenly intrude into residents’ lives and progressively violate human rights. AI has demonstrated a threat to equal protection, economic rights, and basic freedoms, ranging from discrimination to invasive surveillance activities. To reverse these trends, appropriate legal standards must be enacted in our digitally evolving communities. Increased transparency in AI decision-making processes, improved accountability. Increased transparency in AI decision-making processes, greater responsibility for tech titans, and the power of civil society to contest the adoption of new technologies in society are all critically needed.
‘AI literacy’ should also be promoted through investments in public awareness and education projects that assist communities in learning not only about the operations of AI, but also its impact on our daily lives. Unless appropriate steps are implemented to protect the interests of human society, the future of human rights in this technological age remains questionable. The Indian government should promptly enact laws to regulate the use of AI tools and its violation in India.
The state should expressly prohibit the use of artificial intelligence applications that cannot be operated in conformity with constitutional and international human right principles unless and until adequate safeguards to protect fundamental rights are implemented.
Ensure that victims of AI breaches and abuses caused by the use of artificial intelligence systems have access to effective treatments. Ensure that public-private partnerships for the provision and use of artificial intelligence technology are transparent, subject to independent human rights oversight, and do not result in the abdication of government duty for human rights.
The technological environment surrounding AI is still expanding, and the integration of a constitutional and rights-based framework with this technology is only beginning to gain traction. It remains to be seen how successfully such harmonization can be achieved in the highly dynamic AI landscape. However, the concept of an autonomous set of constantly updating rules at the heart of frontend AI decision making is acceptable. It will undoubtedly democratize and broaden AI decision-making systems, aligning them with universalist value orientations. It strikes a balance between AI’s ability to serve humanity and the fundamental foundations of human society. AI can ensure that as intelligent systems become more sophisticated, they do not depart from the essential values that keep our communities together by incorporating constitutional principles and AI procedures.
We can traverse the complex intersection of law and AI while maximizing advantages and minimizing risks for society as a whole by building strong regulatory frameworks, fostering interdisciplinary collaboration, and promoting responsible AI development. As we continue to set the trajectory of technological growth, tackling the legal constraints inherent in AI remains vital for crafting an inventive and egalitarian future. While AI has the potential to bring about dramatic change, it also brings complicated difficulties that must be addressed thoughtfully and proactively.
Although AI has transformative potential, experts recommend a cautious approach that considers ethical problems, data integrity, algorithmic reliability, and the impact on vulnerable populations.
There should be a vital role of human involvement and accountability in AI-powered systems. Human monitoring is essential for using AI tools responsibly and ethically. Another critical component is the requirement for transparency in data usage and a thorough understanding of AI systems.
Transparency and knowledge are key for successfully implementing AI technologies in humanitarian contexts. AI solutions produced with data primarily from the Global North provide a big difficulty due to prejudice. Addressing prejudices is crucial for creating equitable and effective solutions that meet the different needs of crisis-affected communities.
Another suggestion is to integrate Constitutional Artificial Intelligence that will operates at the boundary of AI-driven technological developments and the imperatives for integrating them with fundamental human rights and values by embedding ethical-juridical perceptions in their techno-architectural structure to ensure a just, fair, and non-discriminatory AI decision making. CAI is significant in this context because it provides a framework for integrating certain fundamental constitutional imperatives as rules into AI operational situations. CAI aims to strike a balance between the often opposing qualities of utility and harmfulness. CAI informs and trains massive learning models to qualify their output using constitutional principles like rule of law, human rights, and non-discrimination. Incorporating constitutional and ethical principles into AI can result in a layering of broad underlying concepts that govern decision-making and pave the way for a rights-based approach to artificial intelligence
In reality, attempts are currently underway to create such constitutional frameworks for AI. For example, Anthropic, an AI safety and research business, has already been working on such models to construct safe and dependable AI systems by giving its AI applications with a set of rules based on constitutional values and principles. Anthropic has also created a constitution for its AI platform Claude that draws on the leading universally accepted human rights documents, such as the Universal Declaration of Human Rights (UDHR), and includes value inputs enshrined as UDHR principles such as freedom, equality, fraternity, and human dignity. Similarly, considerations for the Global South and the sensibilities of a non-western audience, as well as racial and ethnic sensitivities, were taken into account when drafting the constitution.
These concepts are incorporated into AI, which then informs the AI backend systems and serves as a benchmark against which to evaluate its reactions and judgments. CAI could also serve to broaden the scope of AI rule-making procedures. Currently, a small number of AI companies and startups establish the guidelines for AI operations. As a result, such programming may be tainted by self-interest, commercial reasons, or a lack of personal or organizational ethical knowledge.
The Courts must continue to create jurisprudence on the responsible use of AI in the adjudicatory process, with an emphasis on striking a balance between using AI and protecting the human element of justice. Following in the footsteps of the United States, Indian courts may also require required disclosures on AI usage, such as the name of the AI tool, the way in which it was used, and the precise portions that were authored or researched using it. Furthermore, it is critical for the legal community as a whole to actively participate in policy discussions around the use of AI tools. This includes establishing their scope and boundaries, assuring the preservation of personal client data, and addressing the risks of entrenched bias that may negatively affect marginalized communities
END NOTES
[1] What Is Artificial Intelligence? Definition, Uses, and Types Website title: Coursera URL:https://www.coursera.org/articles/what-is-artificial-intelligenceDate published: April 3, 2024 Date accessed: May 4, 2024
[2] https://ovic.vic.gov.au/privacy/resources-for-organisations/artificial-intelligence-and-privacy-issues-and-challenges/
[3] :Human rights must be at the core of generative AI technologies, Volker Türk Website title: OHCHR https://www.ohchr.org/en/statements-and-speeches/2024/02/human-rights-must-be-core-generative-ai-technologies-says-turk Date published: February 14, 2024 Date accessed: May 4, 2024
[4] VOICE Key highlights – ‘Artificial Intelligence: disruption or opportunity for humanitarian aid’https://voiceeu.org/publications/artificial-intelligence-disruption-or-opportunity-for-humanitarian-aid-voice-key-highlights.pdfDate published: November 30, 2023 Date accessed: May 9, 2024
[6] https://www.thehindu.com/topic/pegasus-surveillance/
[7] Article title: Navigating the uncharted: AI tide sweeps India Newspaper title: Deccan Herald
URL:https://www.deccanherald.com/technology/navigating-the-uncharted-ai-tide-sweeps-india-2794446 Date published: December 2, 2023Date accessed: May 9, 2024 Author: Pushkar V
[8] Technology’s Role in Addressing Violence Against Women by Anastasia Powell-This article is based on a panel presentation delivered at the event ‘AI for Impact: Social Justice in the Digital Age’, hosted by The Equality Institute during Melbourne Connect’s Innovation Week.
[9] https://indiaai.gov.in/news/niti-aayog-publishes-draft-paper-on-responsible-ai-for-all
[10] https://indiaai.gov.in/research-reports/responsible-ai-part-2-operationalizing-principles-for-responsible-ai