ABSTRACT
Artificial Intelligence (AI) in India and around the world is being used to transform different phases of technology. In this article we will talk about the legal side of things and how AI is changing it. We are also going to understand the kind of challenges that AI is facing in India and what kind of regulation is required to protect against different problems, crimes and most importantly bias. We will also discuss what kind of gaps need to be filled to make AI use more clear and legal in India without it becoming unethical.
Keywords : DPDP Act, AI Analytics, Privacy, Predictive Analytics, Judicial Data.
INTRODUCTION
There have been a lot of huge advancements and upgrades in Machine Learning and NLP which helps process language, these tools helps in document review, contract drafting and dispute resolution. There is a wide lack of framework and legal practice of this will raise a lot of concerns in the market when it is used in judiciaries. It will also introduce legal and ethical dilemmas that the law must talk about and address with a proper framework without it becoming a liability where more crime can be committed.
UNDERSTANDING ALGORITHM COLLUSION
AI-powered legal tools are used in the Judiciary to help make the legal workflow simple and help lawyers and their teams to make their cases simple.
- Legal Research: It uses something called natural language processing (NLP) to analyse case law and their related ancient cases like precedents in seconds.
- Predictive Analytics in Litigation and Judicial Support: AI tools around the world have been used to find out the results of the case based on how the type of person is prisoned on the basis of their outcomes and trends.
AI driven analytics help provide different kinds of recommendations for judges on things like bail, how to sentence and how to analyze case laws. While these tools do have a very big potential to improve legal decision making and their application in India does not have any proper regulation and transparency, liability and ethics have many questions.
LEGAL CHALLENGES AND GAPS IN INDIAN FRAMEWORK
AI use in India will face many kind of problems in terms of framework and more answer to ethical questions :
- There is a lack of AI-Specific Legal Framework: India does lack a dedicated legal framework right now which can help in providing clarity to these tools. The existing act does not give any kind of proper coverage, even DPDP act do not give such coverage which can give advice, accountability and liability.
- Concerns in Confidentiality: AI tools in India right now have access to a lot of sensitive information that is publicly available and it has sensitive client information and it raises concerns about security of this data and compliance under new acts.
- Decision Making has bias: Artificial Intelligence algorithms are currently relying on historical data on which they are trained on and these datasets are based on bias decision making and create outcomes which are discriminatory.
- Reluctant use in AI Integration: Indian courts cannot embrace AI analytics or these tools because there are many concerns regarding automation and there are concerns over judges or lawyers not having training or not being able to be fair with these tools.
Without a clear regulation for all of these tools, they may end up with ethical compromises and destroy the way judicial decisions are taken fairly.
RECOMMENDATIONS FOR INDIA
To effectively regulate in India all the tools and frameworks that are available, India must introduce a dedicated law or update the DPDP to define liability of such tools, their accountability and answer ethical questions by maintaining compliance. The Bar Council of India will also have to issue guidelines for lawyers and judges to help them ensure that details of the client or the person on trial remain private or go through a proper checks process to maintain that no private information is released to the public eye. AI Powered Legal Analytics should not be given historical data as a training module, it should also have filters and a correction factor which would help protect minorities who have been targeted in the past and for tools that help in research, there can be oversight committees set up which will end up helping decision-making will be transparent, which will ensure that legal insights are proper and doesn’t discriminate. Legal Tech companies will also have to go under a proper audit on a regular basis to ensure that they are compliant. Only when all of these measures are complete, India can hope to launch such a service which is efficient and they are compliant with the law and protect people’s privacy.
CONCLUSION
AI-powered legal tools will end up changing the legal industry in India but right now since they are growing without a proper framework they will give out ethical and legal challenges. All issues regarding bias and accountability will have to be addressed through a proper AI check and then guidelines which are specific to different sectors in India and must be addressed fast. As India moves very quickly towards a large digital world even in the legal sector. Different wings of the country such as government, judiciary and regulation authorities must establish a proper framework to protect innocent individuals or the judiciary from decisions that can be tainted because of ethics and lack of accountability. Without proper AI Laws, these legal professionals and their clients face the same thing which forces the authorities in India to make it the AI framework will become a top priority for India.
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WRITTEN BY TANMAYEE VELLORE RAGHUNANDAN
