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Legal challenges in age of AI

May 25, 2025

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The Sunday Guardian

OPINION

- KHUSHBU JAIN

Legal challenges in age of AI

Across India, artificial intelligence is rapidly changing the way decisions are made. From banks approving loans to companies shortlisting candidates for jobs and even police departments deploying resources, algorithms are increasingly in control. These AI-powered systems promise speed, efficiency, and objectivity. They can process vast amounts of data in seconds, spotting patterns that humans might miss. For a country as large and diverse as India, AI offers the hope of bridging gaps in access, reducing human error, and delivering services at scale.

Yet, as these systems become more influential, they also raise important questions. Who is accountable when an algorithm makes a mistake? Can we trust decisions that we do not fully understand? And most importantly, how do we ensure that technology respects the fundamental rights of every citizen?

The Black Box ChallengeOne of the most pressing concerns with AI is what experts call the "black box" problem. Many advanced AI models, especially those using deep learning, are so complex that even their creators cannot always explain how they reach a particular decision. For example, when an AI system denies a loan application or flags someone as a security risk, the reasoning behind that outcome may be hidden behind layers of mathematical calculations.

This opacity is not just a technical issue; it is a matter of justice and trust. In a society where opportunities and resources are already unevenly distributed, the risk is that AI could reinforce existing biases or create new forms of discrimination. If the data used to train these systems reflects past prejudices, the algorithms may unwittingly perpetuate them. Worse, if individuals cannot understand or challenge the decisions affecting them, they may be left powerless in the face of technology.

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