Using AI Policing May Create Systemic Biases In Criminal Justice System: CJI Chandrachud

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He discussed these issues during his Keynote Address at the 11th Annual Conference of the Berkeley Centre for Comparative Equality and Antidiscrimination Law, held at the National Law School of India University in Bengaluru. The topic of his address was “Is there Hope for Equality Law?”

As we prepare to integrate Artificial Intelligence (AI) into the criminal justice system, Chief Justice of India (CJI) DY Chandrachud has urged caution regarding potential systemic biases arising from the data input into these systems.

He highlighted that the data forming the basis for AI algorithms could reflect existing biases and systemic inequalities within the criminal justice system. This might lead to the reinforcement of these biases, disproportionately targeting marginalized communities.

“If historical crime data, which is used to train these algorithms, contains biases or reflects systemic inequalities, the algorithms may perpetuate these biases by identifying the same neighborhoods as ‘high-risk’ areas for future crime. This can lead to excessive surveillance and policing of already marginalized communities, thereby worsening social inequalities and perpetuating cycles of discrimination,”

stated the CJI.

Chief Justice of India (CJI) DY Chandrachud has highlighted concerns about predictive policing algorithms, noting their lack of transparency and operation as “black boxes.”

He discussed these issues during his Keynote Address at the 11th Annual Conference of the Berkeley Centre for Comparative Equality and Antidiscrimination Law, held at the National Law School of India University in Bengaluru. The topic of his address was “Is there Hope for Equality Law?”

The CJI emphasized the importance of “contextualization” when addressing AI challenges in a diverse country like India, which has a rich demographic landscape characterized by linguistic, regional, and cultural diversity. He stressed the need for ethical and equitable AI deployment, urging vigilant scrutiny of data origins and algorithmic transparency to mitigate unintended discriminatory effects.

Additionally, CJI Chandrachud highlighted how climate change exacerbates inequities faced by marginalized and disadvantaged groups, including women, children, disabled individuals, and indigenous people.

He pointed out that wealthier individuals can invest in protective infrastructure and cooling systems, while poorer communities lack such resources, making them more vulnerable to climate-related disasters. He asserted that climate justice requires acknowledging these differential impacts and involving affected communities in decision-making processes.

“Inequality thus becomes both a cause and consequence of climate change,”

the CJI opined.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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