Facial Recognition Technology prime example of high-risk Artificial Intelligence: CJI DY Chandrachud

Chief Justice of India (CJI) DY Chandrachud on Saturday dwelt on the risks that come with the adoption of Artificial Intelligence (AI) tools in the legal profession and society as a whole.

CJI Chandrachud flagged the potential of bias and indirect discrimination manifested in the use of AI in this regard, giving the example of the increased use of biometrics, specifically facial recognition technology (FRT).

"The impact of bias in AI systems presents a complex challenge, particularly when it comes to indirect discrimination. This form of discrimination occurs when seemingly neutral policies or algorithms disproportionately affect certain groups, thereby undermining their rights and protections ... Facial recognition technology (FRT) serves as a prime example of high-risk AI, given its inherently intrusive nature and potential for misuse," he stated.

The CJI stressed that one cannot avoid the question of using AI in court adjudication.

At the same time, he cautioned that,

"The integration of AI in modern processes including court proceedings raises complex ethical, legal, and practical considerations that demand a thorough examination. The use of AI in court adjudication presents both opportunities and challenges that warrant nuanced deliberation."

The CJI was speaking at the 2-day conference on Technology and Judicial Dialogue which is being held at the Supreme Court of India this weekend, along with the Singapore Supreme Court.

Chief Justice of Singapore, Justice Sundaresh Menon, and several judges, jurists and experts will also be speaking on a host of topics related to AI and its implications for the legal system, its potential to assist court proceedings, its role in judicial training, improving access to justice, ethical considerations surrounding its use.

In his address, the CJI also spoke about the Oscar-nominated movie Ex Machina, a film about an AI humanoid possessing high intelligence and autonomy levels.

"Throughout the movie, Ava showcases her ability to analyze data, recognise patterns, and make decisions with autonomy, much like the AI systems being developed in real life. Her interactions with Caleb, the protagonist, raise thought provoking questions about consciousness, morality, and the ethical implications of creating sentient beings. “Ex Machina” offers a compelling exploration of the intersection between humanity and artificial intelligence, raising important questions about the nature of consciousness, the ethics of AI development, and the implications of creating sentient beings," he said.

The CJI added that the film serves 'as a cautionary tale and thought-provoking reflection' on the ethical and existential challenges that will come with the development of AI.

Hence, he called for caution while integrating AI into the legal domain so that such tools enhance rather than undermine the universal pursuit of justice.

"By embracing collaboration and fostering international cooperation, we establish a framework that promotes the responsible and ethical use of AI technologies across borders. This paves the way for a future where technology empowers and uplifts every member of society, fostering inclusivity, innovation, and progress. Together, we shape a world where the promise of AI is realized for the betterment of humanity."

Advancement of technology and AI is inevitable and has the potential to significantly change professions and make service delivery more accessible, he underscored.

"In the field of law, this translates to the potential for AI to expedite and streamline justice delivery. The era of maintaining the status quo is behind us; it is time to embrace evolution within our profession and explore how we can harness the processing power of technology to its fullest within our institutions," he said in conclusion.