Chief Justice BR Gavai on Monday acknowledged the growing misuse of Artificial Intelligence (AI) tools and other digital tools against the judiciary, noting that he has seen the morphed pictures.
- "Yes, yes, we have seen our morphed pictures too," the Chief Justice said while hearing a public interest litigation (PIL) seeking directions for framing guidelines or a policy to regulate the use of Generative AI (GenAI) in judicial and quasi-judicial bodies.
According to the petition - filed by advocate Kartikeya Rawal - there is a difference between AI and GenAI, with the latter capable of creating ambiguity in the legal system by generating new data and non-existent case laws. It also warned that GenAI may replicate, perpetuate, and even aggravate pre-existing biases, discrimination, and stereotypical practices, thereby presenting profound ethical and legal challenges.
"The characteristic of GenAI being a black box and having opaqueness has the possibility of creating an ambiguity in the legal system followed in India. In other words, the skill of GenAI to leverage advanced neural networks and unsupervised learning to generate new data, uncover hidden patterns, and automate complex processes can lead to 'hallucinations', resulting in fake case laws, AI bias, and lengthy observations. This process of hallucinations would mean that the GenAI would not be based on precedents but on a law that might not even exist. Such arbitrariness is a clear violation of Article 14," it claimed.
It added that the "quality of data directly impacts the outcome of GenAI in terms of bias".
The petitioner contended that AI integrated into the judiciary and judicial functions should have data that is free from bias, and data ownership should be transparent enough to ensure stakeholders' liability.
The bench, also comprising Justice K Vinod Chandran, adjourned the matter. It will be heard after two weeks.
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