Technology should serve as an aid rather than replace human judgment: Justice BR Gavai on integration of AI in judiciary

Supreme Court judge Justice BR Gavai has advised a word of caution over the integration of Artificial Intelligence (AI) in the judiciary, stating that technology should serve as an aid rather than a replacement for human judgment.

Speaking on the topic ‘Leveraging on Technology within the Judiciary’ in Nairobi, Kenya, Justice Gavai said the essence of justice often involved ethical considerations, empathy and contextual understanding, the elements that remained beyond the reach of algorithms.

Justice Gavai, who is set to become the 52nd Chief Justice of India (CJI) in June this year, following the retirement of CJI Sanjiv Khanna, is on a five-day visit to the African nation, along with Justice Surya Kant, on an invitation by the Kenyan Supreme Court.

Conveying his apprehensions over the increased use of Artificial Intelligence (AI) in judicial decision-making, Justice Gavai said on Monday that it raised fundamental questions about the very nature of justice. He asked whether it was possible for a machine lacking human emotions and moral reasoning, to grasp the complexities and nuances of legal disputes.

The Apex Court judge further expressed concerns over the misuse of video clippings of court proceedings by YouTubers and content creators for revenue generation.

He said short clips from court hearings were often circulated on social media, sometimes in a way that sensationalised and misinterpreted court proceedings.

When taken out of context, such clippings may lead to misinterpretation of judicial discussions, misinformation and inaccurate reporting, he warned.

Justice Gavai further said that many content creators, including YouTubers, re-upload short excerpts from court proceedings as their own content, raising serious questions about intellectual property rights and ownership of judicial recordings.

The unauthorised use and potential monetisation of such content blurred the lines between public access and ethical broadcasting, he added.

He also mentioned instances of platforms like ChatGPT generating fake case citations and fabricated legal facts.

The Supreme Court judge gave an overview of how courts in India have adopted live streaming and virtual courts.

The evolution has particularly benefited the junior lawyers and those practicing in district and lower courts, who might have otherwise struggled to make their presence felt in higher judicial forums.

Justice Gavai said the technological advancement not only streamlined legal proceedings, but also democratised access to courts, particularly the Supreme Court of India, making it more inclusive and accessible to legal professionals and litigants alike.

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