Artificial intelligence in the judiciary cannot replace human thoughts and judgments: Justice Gawai

Justice Br Gavai. document. |Photo source: Ramakrishna G

Supreme Court Justice Br Gavai expressed concern about using artificial intelligence (AI) as a tool to predict court decisions, questioning whether machines lacking human emotions and moral reasoning can truly grasp the complexity and nuance of legal debate.

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Justice Gavai became part of the next chief justice of India in May and said it was necessary to integrate carefully into the judiciary. It must serve as aid and cannot replace human thoughts and judgments.

“The nature of justice often involves moral considerations, empathy and contextual understanding factors that are still beyond the scope of the algorithm,” Judge Gawai said in his speech at Nairobi “to utilize technology within the judiciary.” At the invitation of the Kenyan Supreme Court, Judge Gawai and Surya Kant are ongoing for five days.

The judge said the reliance on legal research could also lead to embarrassing consequences and significant risks, as “in some cases, platforms such as chatgpt have produced fake case references and fabricated legal facts”.

“Although AI can process large amounts of legal data and provide quick summary, it lacks the ability to verify the source through human-level identification. This leads to situations where lawyers and researchers trust information generated by AI, unconsciously cite non-existent cases or mislead legal precedents, resulting in professional embarrassment and potential legal consequences.”

The judge said that despite the Indian courts embraced the technology, the judiciary faced issues with content creators and YouTubers, uploading edited snippets of court lawsuits to make it sensation on social media. These video clips lead to misinformation, misunderstanding of judicial discussions and inaccurate reports. They raise serious questions about intellectual property rights and ownership of judicial records.

“The unauthorized use and potential monetization of such content blurs the line between public access and ethical broadcasting… The court may need to establish clear guidelines on the use of live broadcast procedures. Justice Gawai said: “Balance between transparency, public awareness and responsible court content is crucial to addressing these ethical issues. ”

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