By: Prof. Neelam Mahajan Singh
In a democratic representational structure, the rights and duties of citizens requires careful consideration. It is imperative to prioritise ethical considerations while using Artificial Intelligence and modern technologies. As such the global digitization has intruded into the privacy of every single person! Recently Chief Justice of the Supreme Court of India, Justice Dr. Dhananjay Yashwant Chandrachud delivered the keynote address at, 20th D. P. Kohli Memorial Lecture on C.B.I.’s Raising Day.
Justice Chandrachud said, “in the era of digital transformation, the interplay between law and technology can result in better crime detection and also ensure criminal justice reforms”. Technology has emerged as powerful force for justice delivering system. A cautionary note, from issues of jurisdiction and privacy to questions of accountability and transparency, the integration of technology into our criminal justice system, requires careful consideration of the ethical, legal, and societal implications at play. “In embracing the capabilities of technology, we reaffirm our commitment to the principles of fairness, equity, and accountability. By leveraging these tools responsibly and ethically, we ensure that the benefits of technological advancement reach all members of society, regardless of their background or circumstances. However, it is imperative to prioritise ethical considerations in the utilisation of these technologies,” said Justice Chandrachud. Clear guidelines have to be followed to safeguard and prevent misuse or abuse of ‘Artificial Intelligence’ and other advanced technologies, to safeguard privacy rights, and address biases that might inadvertently arise. Probe agencies, like C.B.I. N.I.A. E.D. state police etc. should keep up with radical changes in crime in a digitally connected world. The global nature of crime also necessitates extensive coordination and collaboration with counterparts abroad, which could slow down the investigative process.
Multidisciplinary teams consisting of law enforcement officers and domain experts, including data analysts, should deal with such cases. “The CBI can be upgraded by reassessing the challenges of our changing times and by making structural reforms in CBI,” said Dr. Chandrachud. The C.B.I. has undergone significant reforms, at the centre of which is the setting up of the ‘Network for Evidence Tracing, Research, and Analysis’ (NETRA) Lab. NETRA represents a leap forward in investigation agencies’ ability to analyse electronic evidence, including mobile devices, cloud storage, and e-Discovery, plays a crucial role in expediting the investigation process and delivering justice swiftly. The new criminal laws, enacted recently by the Parliament encompasses substantive crime, procedures and evidence, that is a significant step towards modernising the justice system. Two points are flagged as main concerns related to digital transformation, i.e. the first being the risk of individual’s without Internet access or technological proficiency getting excluded. Thus, there is a pressing need to ensure that the benefits of digitisation are equitably distributed and that mechanisms are in place to address the digital divide. Secondly, particular attention ought to be paid to the digitalisation of foundational processes such as the filing of FIRs to streamline and trace back the sequence of events and enhance transparency from the very outset. Investigations should be synchronised with court procedures for effective and time-bound prosecutions. Given the complex nature of investigations undertaken by investigation agencies, the courts have a herculean task of de-complexification of the case and ensuring that the parameters of the law are followed to dispense justice. The challenges today and tomorrow require an institutional commitment; which requires dedicated finance to upgrade infrastructure, synergies between different wings of the criminal justice administration; and calibrated strategies to train all the personnel to understand the rapid changes in the environment. A multi-pronged approach has to be adopted to integrate technology with court procedures, in order to ensure that the severity of accusations, coupled with excessive delays in courts, ‘do not translate to a presumption of guilt’. A ‘virtual court model’ has recently been developed by the e- Committee of the Supreme Court of india. When implemented as a pilot project, it enabled simultaneous conversion of speech into text. A mobile application could be designed with predefined timelines corresponding to different stages of investigation or trial; it should include an alert system to notify relevant parties when approaching the deadlines. In homicide investigations, the forensic experts in U.S. utilised advanced DNA analysis techniques to match genetic material found at the crime scene with a suspect. ‘Artificial Intelligence’ stands out as a game-changer. An identification tool in U.S.A. has helped identify over 17,000 children, who had fallen victim to sex trafficking, resulting in a 63% reduction in the investigation time. In retrospect, it may be stated that, ‘Artificial Intelligence’ is not free of prejudice and biases. Because of the skewed data, ‘Artificial Intelligence’, may lead to community-based profiling of marginalised social groups as having committed more crimes. There is a need to maintain a delicate balance between ‘search and seizure powers, and individual privacy rights’ that stand at the cornerstone of a fair and just society. A petition that was recently filed in the Supreme Court highlighted the absence of well-defined legal frameworks governing the procedures for electronic device searches and seizures. The Supreme Court directed Union agencies to adhere to the 2020 ‘C. B.I. (Crime) Manual on Digital Evidence’ until formal guidelines are established. The ‘Citizens Democratic Charter’ needs actualisation. One single case of miscarriage of justice, can destroy a citizen’s life. A society that is disciplined with structural parameters of investigation procedures, ought to be done with utter caution for justice to the common man. We the people of India!
Prof. Neelam Mahajan Singh
(Sr. Journalist, Author, Doordarshan News Personality, Solicitor for Human Rights Protection, Expert on Militancy and ADR)
singhnofficial@gmail.com
