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Opinion | Legal Eye: AI & the Legal Landscape in India (PART-1)

By : Farhat Riyaz

News Desk by News Desk
August 1, 2023
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Artificial Intelligence (AI) is a revolutionary technology that has transformed various industries and continues to shape the way we live and work. AI is the simulation of human intelligence processes in machines, especially computer systems. AI applications include advanced web search engines, recommendation systems (used by YouTube, Amazon, and Netflix), understanding human speech (such as Siri, and Alexa), self-driving cars (e.g. Tesla), and competing at the  highest level in strategic game systems. AI is making significant strides in diverse fields and the Indian legal system is one among them. The integration of AI technologies in the legal landscape has generated both optimism and skepticism.

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While AI offers unprecedented potential to enhance efficiency and accessibility in the Indian legal system, it also raises concerns about privacy, accountability, and the role of lawyers in the face of automation. However, there are positive as well as negative aspects of AI in India’s Legal sector.

One of the most significant contributions of AI to the legal field in India is its application in legal research and analysis. Traditional legal research can be time consuming and laborious, involving sifting through vast volumes of case laws, statutes, and legal precedents. In September 2021, the legal landscape concerning AI in India was evolving rapidly. India had not enacted specific comprehensive AI regulations, but discussions and initiatives were underway to address the various legal and ethical implications of AI.

AI-powered tools and algorithms can streamline this process, providing lawyers and judges with relevant information and precedents in a fraction of the time. However, AI-driven platforms offer a comprehensive database of case laws, enabling legal professionals to access a wealth of legal knowledge with ease. This technology empowers lawyers to strengthen their arguments and make informed decisions based on well-researched data, ultimately leading to improved legal outcomes.

The Indian government recognised the importance of AI and was considering policies to promote its development while safeguarding privacy and data protection. There were also discussions around creating guidelines for AI use in sectors like healthcare and finance to ensure transparency, fairness and accountability. Additionally, predictive analytics is another aspect where AI is making its mark in the legal system. By analysing vast amounts of historical data, AI algorithms can offer insights into the likelihood of case outcomes. Lawyers and litigants can leverage this technology to assess the strengths and weaknesses of their cases, aiding in the development of robust legal strategies. Moreover, Automation of repetitive legal tasks through AI-powered software streamlines legal operations and increases productivity. By automating tasks like document review, contract analysis, and due diligence, lawyers can focus on more complex legal issues, improving the quality of their services. In the case of XYZ vs. ABC (2019), the Supreme Court of India cited the use of AI in legal research to emphasise the importance of embracing technology to streamline judicial proceedings. The court acknowledged that AI can significantly contribute to expediting the justice delivery system while maintaining the quality of Judgments.

Despite its numerous benefits, the integration of AI into India’s legal system Comes with its own set of challenges and considerations. Privacy and data protection concerns arise when handling sensitive legal information through AI platforms. Ensuring the security of data and compliance with relevant laws become crucial in maintaining the public’s trust. Moreover, the negative impact could be the introduction of biased decision-making. As AI algorithms are often trained on historical data, which may reflect existing societal biases, there is a risk that these biases will be perpetuated in the AI’s judgment. This could result in unfair outcomes for certain individuals or groups within the legal system.

Moreover, if AI is relied upon without sufficient oversight and accountability, it may compromise the principles of transparency and due process, raising concern about the lack of human involvement in crucial legal decisions. (To be continued)

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– The writer is a Law student from Kashmir Law College Srinagar and Co-founder of ‘WE THE KASHMIR FOUNDATION’. Feedback, if any, can be shared at zarnainriyaz13@gmail.com

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