“AI: What’s the Ethical Treatment?” – CJI DY Chandrachud Weighs In
As the focus remains on advancing artificial intelligence (AI) towards artificial general intelligence (AGI), little attention is being paid to the evolving relationship between humans and this emerging technology. AGI represents intelligence on par with humans, potentially enabling AI to possess some form of consciousness. During a conference, Chief Justice of India D.Y. Chandrachud emphasized the crucial ethical considerations surrounding AI and its treatment.
Addressing the plenary session of the 36th “LAWASIA” conference virtually, the CJI spoke on the topic “Identity, Individual and State – New Paths to Freedom”. LAWASIA is a regional association of lawyers, judges, jurists and legal organizations that promotes the interests and concerns of legal development in the Asia-Pacific region.
The question of the ethical treatment of artificial intelligence
Referring to English philosopher John Stuart Mill’s 1859 book on liberty, the CJI said the author discussed the historical struggle between liberty and authority, describing the tyranny of the government, which he felt should be ruled by the liberty of citizens, reported PTI. Mill formulated this control of power into two mechanisms. First, the necessary rights belonging to citizens, and secondly, constitutional checks must be made so that the community agrees to the effects of the administrative path, according to him.
The idea of freedom, the PTI chief justice said, can be summed up in the following sentence: “Your right to swing your fist ends where my nose begins.” He also talked about how in the digital age we are facing several fascinating aspects of artificial intelligence. There is a complex interplay between artificial intelligence (AI) and personality, where we have to navigate uncharted territories that require both philosophical reflection and practical considerations.”
Reflecting on the intersection of artificial intelligence and personhood: “We are facing fundamental questions about the ethical treatment of these technologies…” He cited the example of a humanoid robot (Sophia) who was granted citizenship (in Saudi Arabia) and said “We need to consider whether all living, breathing human beings have and walk, the right to personality and citizenship based on their identity.”
CJI talks about freedom, diversity and pluralism
The Chief Justice pointed out that freedom is the ability to make one’s own choices and change the course of life, and stated that identity intersects with a person’s agency and life choices. “As lawyers, we constantly face this intersection and the role of the state in limiting or expanding people’s life opportunities. Although the relationship between the state and freedom is widely understood, the task of creating and explaining the relationship between identity and freedom is incomplete,” he said.
Traditionally, freedom has been understood as state intervention in a person’s right to make choices. However, modern scholars have come to the conclusion that the role of the state in maintaining social prejudices and hierarchies cannot be ignored, Chief Justice Chandrachud said.
“In effect, even when the state does not intervene, it automatically allows communities with social and economic capital to dominate historically marginalized communities.” He also said that people who face marginalization because of their caste, race, religion, gender or sexual orientation will always face oppression in the traditional, liberal paradigm. This strengthens the socially dominant.
The Chief Justice also emphasized: “We need to broaden our perspectives. For example, the concept of popular sovereignty inherently requires inclusion of pluralism and diversity at its core.” In India, he said, the Constitution of India has mandated and even mandated affirmative action for Scheduled Castes, Scheduled Tribes and Backward Classes,” he said.
(with income from PTI)
