In a comment made on Monday, Chief Justice of India (CJI) Bhushan R. Gavai admitted that there has been an increase in misuse of Artificial Intelligence (AI), and there have been cases of morphed images of judges being distributed online. During the hearing of a Public Interest Litigation (PIL) to regulate Generative AI (GenAI), the CJI said, in her speech, that we have already seen our morphed pictures, but policy making to regulate these technologies should not be the responsibility of the judicial system but rather that of the executive.
The bench that included the Justice K. Vinod Chandran indicated that issues regarding the regulation of emerging technologies like GenAI are policy based and therefore needed executive intervention. The court did not give any instructions at this point, saying that this is not the subject of the immediate attention of the court. But being requested by the counsel, the hearing was adjourned two weeks further, to be considered.
PIL filed by advocate Kartikeya Rawal and argued by the aid of advocate-on-record Abhinav Shrivastava has called upon the central government to introduce legislation or develop an extensive policy framework to govern the use of Generative AI in judicial and quasi-judicial forums. The petition focused on the threats of the GenAI special access to creating new texts, data and reasoning patterns independently, which can lead to the so-called hallucinations a creation of new legal rules or invention of fake cases.
It also added that the ambiguity in judicial reasoning due to GenAI being an opaque or a black box may compromise legal system integrity. These results, the plea claimed, are capable of giving biased or arbitrary interpretations, which breaches the constitutional right of equality in Articles 14.
The petitioner emphasized the fact that the judicial systems are based on transparency, precedence, and a logic that can be traced. It is also hard to regulate GenAI models due to their inherent level of obscurity, even to those who create them, so regulation is essential to ensure the integrity of the courts in the digital era.
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