Era of Artificial Intelligence: Comprehensive Legal Analysis

Author: Rizul Sharma

INTRODUCTION:

Innovations and Inventions are the ways by which one can change society. It demonstrates how society has evolved. The growth and development of any country in today’s time can only be measured by determining the number of resources and the ease of life of the citizens of that country.

With the change in time and evolution of society, the needs of the people living in society have also increased. Rapid increase in technology leads to increased industrialization. Now the development of technology has given rise to Artificial Intelligence (AI). 

Nowadays, everyone is using AI from offices and workplace to home, all the things are dependent upon AI. The emerging needs of society gave rise to AI as an important tool to be used for fulfillment of societal needs.

WHAT IS ARTIFICIAL INTELLIGENCE:

“AI is a machine’s ability to perform the cognitive functions we associate with human minds, such as perceiving, reasoning, learning, interacting with the environment, problem-solving, and even exercising creativity.” 

Even devices like Siri and Google Alexa used by various individuals are based upon AI technology. The use of AI is widely prevalent in society by many companies. The aim of introducing AI is that the machines can perform all the activities which are expected to be performed by other human beings. The introduction of such technology is to make machines work instead of human beings.

AI AND ITS EFFECTS: INDIAN PERSPECTIVE:

It has been observed that the AI is being used increasingly in the legal field. Especially in the years 2019 and 2020, the use of AI has rapidly increased. Even in the field of law, the AI is used for document review, case analysis, and for making briefs. The lawyers are using it as a tool for making money. But AI also has its pros and cons which must be kept in mind before getting used to it. 

Recently, the Hon’ble Supreme Court flagged concerns regarding the overuse of AI in drafting documents as well as citing cases. The Court held that the lawyers nowadays are being lazy by being totally dependent upon technology. They are not even drafting or reviewing the documents themselves which is corrupting their thinking as well as cognitive abilities. The Court highlighted that there are various cases in which the judgments are being cited by the lawyers as well as the legal professionals which do not exist. The Court raised concerns regarding these issues and asked the lawyers to be observant about this matter.

The Hon’ble Court earlier in one of the cases raised similar concerns when the petition filed contained fictitious cases. The Court highlighted that the use of technology with the change is time is essential but being totally dependent upon it is harmful.

Apart from this, there are various AI tools which are being used by the Courts for their daily activities like there are various machines which are being used to convert the language which are understandable by the court. The Supreme Court of India has such AI tools to convert the 18 different languages to the language easily understandable by the court.

AI is also used by mostly all the companies while providing their services be it banks, educational institutions, corporate houses, government etc. But there are various frauds happening due to excessive use of technology. Cybercrimes are increasing day by day by use of such technology by individuals. People give their personal information and hence become the victim of such offences. Even after the issuance of various guidelines by the government there are still many of the crimes happening in India and detecting such criminals become very difficult for the agencies sometimes.

AI AND DATA PROTECTION & PRIVACY:

The privacy of every individual is important, which must be respected. But in the era of AI and Technology it is difficult to protect the privacy of individuals without proper regulatory mechanisms and law.  Hence, the Indian Government has introduced several regulatory frameworks in this regard. 

The Information Technology Act, 2000; Digital Personal Data Protection Act, 2023; IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, etc. are some of the legislations which have been introduced with the aim to protect the data and privacy of all the individuals and to punish the offenders.

In the case of K.S. Puttaswamy v. Union of India, The Hon’ble Supreme Court held that the Right to Privacy is the fundamental right under Article 21 of the Constitution of India which must be protected at any cost and no one should violate such right of the individuals.

The Indian Government has also taken various steps to prevent such crimes and has introduced various guideline in this regard. Many awareness programmes are being launched by the government to make individuals aware of their rights.

CONCLUSION:
The use of AI is good, but its excessive use is harmful for oneself. There are instances when it has been observed that the AI is overpowering human beings. But dependence on technology is also necessary. The government should work in this regard and frame such legislations which are in favor of both individuals and society at large and must adhere to technology as well.

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