Abstract
Artificial Intelligence (AI) and modern surveillance technologies are reshaping the way societies function—transforming healthcare, governance, and security. However, their rapid deployment raises serious human rights concerns. From privacy violations through facial recognition to algorithmic discrimination in employment, the challenge lies in balancing efficiency and innovation with fundamental freedoms. This article examines the dual impact of AI, the legal protections under Indian and international law, and the urgent need for accountability, transparency, and ethical frameworks to ensure technology serves humanity without undermining constitutional guarantees.
Introduction
Artificial Intelligence (AI) has no single universal definition, but scholars and institutions offer varying perspectives:
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Marvin Minsky: AI is “the science of making machines do things that would require intelligence if done by men.”
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John McCarthy: AI is “the science and engineering of making intelligent machines.”
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Stanford University Report: AI is “a science and a set of computational technologies inspired by human nervous systems but operating differently.”
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Stuart Russell and Peter Norvig: AI can be categorized into systems that:
- think like humans,
- act like humans,
- think rationally, and
- act rationally.
Like every technological revolution, AI has the potential to solve pressing global issues—improving healthcare, agriculture, and climate response—while simultaneously threatening rights through mass surveillance, discrimination, and disinformation. With the AI revolution still in its infancy, the legal and ethical framework governing it remains underdeveloped.
Helpful Aspects of AI
- Improving access to healthcare and predicting disease outbreaks.
- Assisting visually impaired individuals.
- Optimizing agriculture and climate adaptation.
- Predicting natural disasters and conserving wildlife.
- Enhancing efficiency of government services.
Harmful Aspects of AI
- Perpetuating bias in criminal justice.
- Facilitating mass surveillance.
- Enabling discriminatory profiling.
- Assisting the spread of disinformation.
- Reinforcing bias in hiring and employment.
- Driving financial discrimination against marginalized groups.
Human Rights Dimensions of AI and Surveillance
1. Right to Privacy
Impact: AI-driven surveillance—facial recognition, biometric collection, and online tracking—makes privacy one of the most vulnerable rights. Monitoring without consent risks creating a “Big Brother” society.
Indian Legal Protection:
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Article 21 of the Constitution guarantees life and liberty. In Justice K.S. Puttaswamy v. Union of India (2017), the Supreme Court recognized privacy as a fundamental right.
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The Digital Personal Data Protection Act, 2023 regulates data collection, storage, and use.
International Standards:
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Article 12, UDHR (1948): Protects individuals against arbitrary interference with privacy.
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Article 17, ICCPR (1966): Recognizes privacy as a human right.
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GDPR (EU, 2018): Sets global standards for data protection and consent.
2. Freedom of Expression
Impact: Algorithmic filtering on social media curbs misinformation but may also suppress legitimate opinions. Surveillance creates a chilling effect, discouraging free expression.
Indian Legal Protection:
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Article 19(1)(a) guarantees free speech and expression.
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Article 19(2) allows reasonable restrictions (security, morality, defamation), but AI-driven censorship may exceed these limits.
International Standards:
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Article 19, ICCPR: Protects freedom of opinion and expression.
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UN Human Rights Council Resolution (2021): Warned against digital surveillance silencing voices.
3. Equality and Non-Discrimination
Impact: AI trained on biased data reinforces inequality—for instance, facial recognition being less accurate for women and darker-skinned individuals. This leads to discriminatory policing and hiring practices.
Indian Legal Protection:
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Articles 14, 15, and 16 guarantee equality before law, prohibit discrimination, and ensure equal opportunity.
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AI-based discrimination in public decision-making can be challenged under these provisions.
International Standards:
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Article 7, UDHR: All are equal before the law.
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Article 2, ICCPR: Rights must be guaranteed without discrimination.
4. Security vs. Liberty
Impact: Governments claim AI surveillance strengthens security against terrorism and crime, but unchecked use reduces individual liberty.
Indian Legal Framework:
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Indian Telegraph Act, 1885 and IT Act, 2000 allow interception of communications.
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People’s Union for Civil Liberties v. Union of India (1997): Surveillance must follow fair procedures and protect rights.
International Standards:
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Article 9, ICCPR: Protects liberty and security of persons.
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European Court of Human Rights (ECHR): Repeatedly warned against mass surveillance.
5. Accountability and Transparency
Impact: AI often functions as a “black box”—its decisions are not transparent. If an AI system denies a loan, parole, or job, accountability is unclear. This undermines trust and human rights.
Legal Safeguards:
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India: DPDP Act, 2023 penalizes data misuse but has weak checks on government surveillance.
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Europe: EU AI Act (2024) categorizes AI uses (unacceptable, high-risk, limited risk), ensuring greater accountability.
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Global: UN Guiding Principles on Business and Human Rights urge corporations to respect rights in AI use.
The Way Forward
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Stronger Domestic Laws: India and other nations must go beyond basic frameworks and adopt robust AI-specific regulations.
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Ethical AI Principles: Systems should prioritize fairness, inclusivity, and dignity.
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Judicial Oversight: Courts must scrutinize misuse of surveillance powers.
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International Cooperation: Cross-border treaties on AI ethics and digital rights are essential.
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Public Awareness: Citizens must know how data is used and have remedies against misuse.
Conclusion
AI and surveillance technologies are double-edged swords. They can improve healthcare, governance, and security, yet also intrude on privacy, silence free voices, and deepen inequalities. Protecting human rights in the AI era requires reinterpreting traditional rights and creating strong safeguards for accountability and transparency.
As courts, lawmakers, and global bodies debate AI governance, one guiding principle must remain clear: technology should serve humanity, not control it.
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