AI AND INFRINGEMENT OF FUNDAMENTAL RIGHTS

ABSTRACT

In this article, we discuss the rights of citizens and how they can be violated through the use of Artificial Intelligence. We also examine the laws governing AI in India, related blogs, and possible case laws. Additionally, we explore the major negative consequences that AI can bring to the table and how it can become a threat to a nation's obligation to uphold the rights guaranteed to its citizens.

INTRODUCTION

The Universal Declaration of Human Rights encompasses various fundamental human rights that safeguard the dignity of all individuals and dictate how they interact with each other and society. These rights are a set of principles that promote fairness and equality. The Indian Constitution has also enumerated these human rights as Fundamental Rights.

The Constitution of India is a comprehensive document that lays down several rights and freedoms that are guaranteed to all its citizens. However, it is important to note that every right comes with a corresponding duty, and the exercise of one's rights must take into account the rights of others. This is because the enjoyment of one's rights should not infringe upon the rights of others.

There are several important rights enshrined in the Constitution of India, but two of the most significant ones are Articles 19 and 21. Article 19 guarantees the freedom of speech, which means that every individual has the right to express their opinions and ideas without any fear of retaliation. This includes the freedom to express oneself through different mediums such as oral, written, electronic, broadcasting, and press.

On the other hand, Article 21 of the Constitution of India provides the right to life and liberty.

Overall, these two rights form the "golden triangle" along with Article 14 of the Constitution of India, which guarantees the right to equality before the law. Together, these rights ensure that every citizen of India is free to express themselves, live with dignity, and enjoy equal protection under the law.

In the landmark case of Justice K.S. Puttaswamy (Retd.) v. Union of India (2017)[1], the Supreme Court of India recognized the right to privacy as a fundamental right under the Indian Constitution. This ruling emphasizes the need to safeguard personal data from AI-based systems.

AI AND RELATED LAWS

In today’s world, a wide range of online resources and platforms such as money apps, life insurance apps, drugstore apps, food delivery platforms, and others are crucial to us. Whenever we make use of these specific platforms or applications there is always the possibility that we share sensitive personal information like phone numbers, bank details, credit card numbers etc., which eventually goes into Artificially Intelligent empowered systems. However, the question is whether this type of data may be saved safely in a secured server or not.

According to Hindustan Times, India’s Artificial Intelligence (AI) market is expected to grow by roughly 20% in the years ahead. The former Chief Justice SA Bobde has also commented on AI’s increasing application in India’s judicial system pointing out that it can help clear a significant number of pending cases. With the adoption of AI technology in the judiciary system, it may no longer take twenty years to have a criminal case finalized or obtain a divorce order from your partner. This technology is already being used by major law firms including Cyril Amarchand Mangaldas and Fox Mandal. There are also legal AI growth platform like Onelaw AI; Legal Robot; LeGAI; PatentPal; Latch etc.According to Ibef, number of AI start-ups has increased 14 times from 2000 to 2022. India's AI market is likely to see 20% growth over the next five years.[2]

Although at the moment there are no dedicated laws on AI in India, the country has been rolling out policies and guidelines on responsible development and deployment of AI technology over the years.

The country’s apex public policy think-tank, NITI Aayog was instructed by the government to draft rules regarding creation and implementation of artificial intelligence. The 2018 National Strategy for Artificial Intelligence #AIForAll plan released by NITI Aayog included directions for developing AI in health care, agriculture, education system, smart cities and infrastructure as well as intelligent mobility and transportation.

The Information Technology Act 2000 regulates e-Governance including digital governance legislation that is applied to AI related issues. Besides these legislations, other laws such as Digital Personal Data Protection Act 2023 or Copyright Act 1957 deal with relevant rights concerning use of AI.

On a daily basis people are becoming more amenable to using AI technology. However, this increased reliance on AI means that humans are slowly letting go their grip on it. This happens because understanding how it operates with confidential data is complex for human brain.

Using various methods, the AI collects information, but which raise serious privacy issues. For instance, facial recognition systems used by surveillance may be a threat to individual privacy while data breaches can result in identity thefts, biased profiling and discrimination might occur, lack of informed consent, and use of data without knowledge of users as well. Thus, making use of AI violates a person’s Right to Privacy.[3].

The defendant in the case involving deepfake video featuring Rashmika Mandanna was captured for allegedly using artificial intelligence (AI) technology to tamper with the footage. Specifically, the defendant is said to have employed AI to overlay Mandanna’s face onto that of a woman wearing black clothes who was shown entering an elevator. This kind of information has heavy ethical and social implications like disseminating fake news, spreading rumors that hurt one’s reputation or violate their privacy.

All persons are entitled to dignity and privacy in life. If AI were given access to redefine someone’s existence, then it would be impossible for the State to protect those fundamental rights. A danger such as this where basic structure of Constitution is threatened could easily create a scenario in which people lose faith in the economy resulting in grave loss. Thus, there is an immediate need of an Act that will govern the entire spectrum of AI.

CONCLUSION

The present article delves into the impact of artificial intelligence (AI) on individual rights as enshrined in the Indian Constitution. While extant provisions within the Indian legal system provide some measures of protection against the negative effects of AI, such as the Digital Personal Data Protection Act of 2023 and the Copyright Act of 1957, the need of the hour is for lawmakers to design new acts that take into account recent technological advancements. Regrettably, the current provisions fail to provide safeguards against complex forms of AI abuse, such as virtual reality assaults. In light of these considerations, the present article highlights the need for a more robust and comprehensive legal framework that can effectively regulate the use of AI for the benefit of society.

References

[1] (2017) 10 SCC 1, AIR 2017 SC 4161

[2] Asian News International, "We have possibility of developing Artificial Intelligence for court system: CJI Bobde", Hindustan Times, Jan 12, 2020

[3] Express Web Desk, “Main accused in Rashmika Mandanna deepfake video case arrested, says police”, The Indian Express, Jan. 20, 2024