Author: Kusum Verma, IMS Law College
To the point
The ability of robots to replicate human intellect-learning, reasoning, problem-solving, and task adaptation-is known as artificial intelligence (al). Although al increases accuracy and efficiency across industries, it also presents ethical, accountability, transparency, and privacy-related legal issues. In order to preserve fundamental liberties while embracing this new technology, the legal system must change.
Legal jargon
Algorithmic bias: prejudiced data inputs cause discrimination to be ingrained in al systems. Due process: equitable treatment in court cases, which is frequently contested by automated decision-making.
Legal personhood: in the framework of al, the status of being a subject of legal rights and duties is questioned. Under india’s digital personal data protection act, 2023, a data fiduciary is an organisation that has been entrusted with personal data.
Automated decision-making: al makes all of the decisions without consulting anyone else. Jurisdictional ambiguity: legal
Uncertainty about the applicable law when al crosses borders.
The proof
Al in indian judiciary: nlp is used by the supreme court’s suvaas tool to condense rulings. Al in healthcare: ibm watson helps diagnose cancer. Law firms: al-driven legal research using case mine, ross intelligence, and manupatra. Niti aayog’s national strategy on al is centred around the principle of “al for all.”Risk-based categorisation of al systems (e.g., high-risk, low- risk) is introduced by the proposed eu ai act. Unesco’s al ethics (2021): provides international standards for ethical al development.
The abstract
Artificial intelligence is changing how people, companies, and governments function. There are advantages and disadvantages to its integration in industries like healthcare, banking, education, and law. The nature of al, its legal ramifications, recent case law, and the necessity of an indian regulatory framework are all examined in this article. It draws attention to the ways in which al touches on matters such as accountability, privacy, and human rights and suggests legislative measures to control its effects going forward.
Case law
Union of india v. Justice k.s. puttaswamy (2017) acknowledged the constitution’s article 21 right to privacy, which is essential for policing data-driven al.
Union of india v. Shreya singhal (2015) placed a strong emphasis on online free expression, which is relevant to al-driven content monitoring and control.
Praful desai v. State of maharashtra (2003) permitted video conferencing as a legitimate form of testimony, paving the way for the use of al gadgets in court.
The eu case of schemes ii (2020) because of worries about spying, the eu declared the us privacy shield to be illegal. This is significant for al because he uses cross-border data
Aepd v. Google spain (2014) acknowledged the right to be forgotten, which is a developing issue with al’s profiling and data retention.
Conclusion
Although al has transformative potential, its unchecked usage might jeopardise equality, privacy, and justice. India has to pass rules tailored to al that guarantee accountability, openness, and equity. Algorithmic audits, ethical supervision, data
Protection regulations, and precise definitions of accountability in al-related harms are all examples of legal reforms that should be implemented. Al has the potential to be a weapon for inclusive and moral advancement with aggressive regulation and international collaboration.
FAQS
Q1. What is the legal definition of artificial intelligence? Software or devices that can carry out operations like learning, analysis, and decision-making that ordinarily call for human intelligence are referred to as artificial intelligence.
Q2. Is al subject to indian regulations?
Ans.india does not yet have a particular al law. Nonetheless, al that handles personal data is subject to indirect
Regulation by data protection laws such as the digital personal data protection act, 2023.
Q3.is al responsible for what it does?
Ans. Al isn’t a legal person at the moment. Developers, operators, or deployers of al systems are usually held liable
Q4. How dangerous is al to the justice system?
Ans. Bias in judicial tools, a lack of transparency, invasions of privacy, and eroding due process are among the main threats.
Q5. Does al fall under any international laws?
Ans.indeed. Global initiatives to control the responsible use of al include the oecd al principles, the eu’s al act, and unesco’s al ethics guidelines.
