Towards Just Algorithms: Risk, Rights and Regulation in AI-Driven Criminal Justice in India

Abstract

This paper intends to analyse the frequent use of artificial intelligence tools like prediction of crimes and facial recognition in criminal justice system of India. The researcher is of view that AI is being used rapidly without any ethical or legal protections. Since artificial intelligence is a brainchild of human only therefore, these systems can be biased as preventing different countries. In India this is a serious problem because of the existing social stigmas like caste, religion and difference in income. Like for example Delhi’s crime prediction tools and the national facial recognition programme clearly shows how these systems are prone to treat some groups unfairly thereby harming their basic rights. The researcher also points that the manner in which AI is used now goes against the fundamentals of Indian Constitution like equal treatment and right to life and freedom. To solve this the researcher suggests making stronger laws for how AI is used in the justice system. The includes setting clear rules, showing how the AI makes decision, building a fair and transparent system, holding accountability and always letting humans have the final say. The objective is to ensure that the technology aids the justice system rather than creating any hindrance to it.