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Policy Watch No. 19

AI and the Indian Judiciary: The Need for a Rights-based Approach

Artificial Intelligence (AI) has engaged the attention of specialists across several sectors, transcending the field of engineering and technology. The judiciary is no exception, with several reasons being cited by policy makers for the need to get this pillar of the government AI-ready. 

In this Policy Watch, Siddharth Peter de Souza, a law and society researcher, examines the use of AI in the Indian judiciary. One of the reasons for focusing on the Indian judiciary is the excitement that has emerged both among legal technology enterprises as well as the Supreme Court. Through an examination of statements made by judges, policy documents, as well as tender documents, this Policy Watch unpacks how the court views AI. It suggests pathways to a rights-based approach to AI governance at three levels, (i) looking at the tensions between rights and managerialism, (ii) the criticality of rights in peoples’ languages, and (iii) prioritising rights over examining risk of AI.

It calls upon policy makers and the Court to look at AI beyond the productivity matrix and as something that has consequences in people’s worlds and lives.

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