Author: Atharv Kulkarn, Shahaji Law College
Abstract :
Artificial intelligence i.e. AI is evolving technology. AI technology plays crucial role in many sectors in India as well as globally. This article explore the legal perspective of India towards Artificial intelligence. It has also explained the current situation of legal frameworks related to AI in India, data privacy, it’s use in Indian judiciary system. The implication of AI must be effective legally and morally.
Introduction :
Artificial intelligence (AI) means the technology which mimics the human functions like learning, reasoning, problem solving, using algorithms and analysing data etc. AI law is the new emerging concept. It examine the relationship between statutes or acts and developing technology.
Artificial intelligence i.e. AI is now revolutionising in every sector, it also includes legal field or legal profession. AI has replaced the traditional paper work in many portion of legal field, which has lead to the effective growth in this field.
Today, India is rapidly influencing the technology sector in the world, which is helpful for development of AI in India. This change or transformation has reduced the many human activities, but it has created certain substantial legal challanges for which it is important to make legal regulatory framework. In India, there are some acts like Information Technology Act, 2000. These current laws, do not cover latest issues and they struggle to address the critical technical legal issues such as data privacy, confidentiality, intellectual property rights etc.
AI In Legal field :
Recently, former Chief Justice of India D.Y.Chandrachud highlighted that AI has vast potential to change the traditional legal practices. Ofcourse, it requires global cooperation, solution for challanges, etc.
AI in Judiciary –
Indian judiciary is prominently adopting AI for it’s transformation. AI used for online streaming of judicial proceeding as an solution for increasing workload. In covid period, this system was used in many courts as a great option for that circumstances. Also to manage the speed up case process, improve access to justice some AI tools are used.
Key areas of AI application –
For scheduling, documenting and data processing (i.e. case management) AI is helpful. Also., for studying and analyzing legal texts, and predicting the possible outcomes of case (i.e. legal research) AI is used.
AI in Supreme Court –
Supreme Court uses ‘Supreme Court Vidhi Anuvaad Software’ (SUVAS) an AI based system to translate the legal documents. Also, Supreme Court uses other AI tools for case management, legal research and information processing. There is a committee of Supreme Court to develop AI tools in the legal field.
Initiatives by Indian Judiciary to promote AI :
– Delhi High Court launched an AI tool ‘ Nyaya Kaushal ‘ which helps to analyse and translated the legal text, it also recommend to judges regarding issues.
– Maharshtra E-court project was initiated to digitalize court process and using AI for prioritizing cases.
Indian Perspective :
In India, there are no any laws regulating AI currently.
– Ministry of Electronics and Information Technology (MEITY), has taken various initiatives to develop AI system in India. It has constituted committees to frames policies regarding AI, developed centers of excellence in multiple cities, formulated specialised centres for gaming, visual effects, AI, blockchain technology.
Recommendations from MEITY regarding AI has also given, for instance –
Developing National Artificial Intelligence Resource Platform for availability of public data to AI. Identifying national missions for various sectors and amending regulations to use AI.
The project like ‘National AI Portal, or India AI, and the AI Research Analytics and Knowledge Dissemination Platform’ was introduced by MEITY.
Niti Aayog :
In 2018, Niti Aayog released paper titled as ‘National Strategy for AI’. The paper was mainly focusing on the role AI in the sectors like healthcare, agriculture, education, etc. The paper recommended proper intellectual property framework. The main aim is to make responsible AI practices. These papers are initial steps for formulation of policies.
Telecom Regulatory Authority of India (TRAI) :
TRAI is also related authority of any AI work. On 20 july 2023, TRAI released recommendations for use of AI in telecom sector.
TRAI highlighted the risk and proposed strict controls for AI applications.
Reserve Bank of India :
The RBI is appex bank of India. RBI also wants to framework of regulations over the use of AI in banking and financial services. There are complexities and biases regarding AI hence, the RBI has suggested to introduce measures. These measures include mandates to be followed by the financial institutions on strict rules.
Future of AI in Legal profession :
1) Lawyer-client relationship –
The connection between lawyer and client could get more opportunities for them with the help of AI platforms. From the client’s point of view, they will get legal assistance more easily and it might be more affordable.
2) Blockchain –
The combination of AI and blockchain can improve security in legal process. It can also become transparent. This combination will enhance and can create opportunity for contract management, dispute resolution, property transaction etc. to legal professionals.
3) In Judicial Decisions –
AI tools will provide analysis of legal precedents, related case laws.
Recently former CJI DY Chandrachud sir inaugurated AI lawyer. He asked some questions to that AI lawyer and that AI lawyer answered cleverly.
But still AI in judicial decision making is still controversial.
Challanges :
1) Security and Data privacy –
In the legal profession the professionals handles sensitive and confidential information that information must be secured. If there will any loophole then data or information will not remain confidential or secured.
2) Professional ethics –
AI is trained or mostly based on precedent data or precedent decisions so it may perpetuate existing points of issues and present biases. The professionals also be aware of ethics while using AI tools.
3) Reliability –
Decision made with the help of AI not require much efforts hence, full reliability on AI tools in legal profession is dangerous.
4) Cost –
The cost of AI tools are high, it will create line between rich and poor legal professionals. The cost must be affordable. AI tools must accessible to each and every person whether lawyer or client.
Case Law :
Anil kapoor vs Simple Life India Others :
In this case, the famous bollywood actor Anil kapoor’s voice and look used internally through AI tool and other deceptive activities. Anil Kapoor accused the defendants for exploiting his rights by creating misleading content.
This case highlighted, the legal issue of privacy rights under Article 21 of the Indian Constitution, the development in the AI technology has also raised the challenges.
The court acknowledged the misuse and emphasized the need of legal framework regarding AI issues for legal protection.
Conclusion :
As technology evolves, it’s impact in the legal field will also grow. The prominent use of AI in the legal professional has both the advantages and disadvantages. Through the ethical consideration, training, cost management and technological advancement the fairness of AI will be in the legal services.
It is essential to consider the challanges with these advancement, and have to create new laws related to AI. By doing this, the legal professiona can leverage AI’s capabilities in this field.
FAQS:
Q. Is there any specific law governing AI in India?
A. Currently, there is not any specific law in India. Mostly AI related issues are referred in Information Technology Act,2000 for solution.
Q. Who is held liable for damage caused by AI in India?
A. It is still unclear that who will be liable and it may depend upon specific circumstances of such case.
Q. Can AI use personal data without consent?
A. No, AI system cannot use data without consent, as per the Personal Data Protection Bill, 2019.
Referrences:
https://www.livelaw.in/amp/law-firms/law-firm-articles-/artificial-intelligence-legal-landscape-zeus-law-data-protection-chat-gpt-249692
https://www.linkedin.com/pulse/use-ai-legal-profession-india-sanjay-jain-wtzbf
www.casemine.com
