THE EU AI FRAMEWORK FOR INDIA: GRANTING ACCESS TO JUSTICE IN A DIVERSE SOCIETY

Abstract

This paper critically examines the role of artificial intelligence (AI) in the Indian judicial system, with a focus on safeguarding access to justice for marginalized social groups. It argues that the European Union's AI Act, with its risk-based approach, offers valuable insights for India's own emerging AI regulatory framework. The analysis explores how AI technologies, when deployed in judicial and law enforcement processes, risk exacerbating existing social inequalities unless strict transparency, accountability, and human rights protections are implemented. The paper discusses the digital divide phenomenon in India, which limits access to AI-driven justice solutions for underprivileged communities due to factors such as poverty, illiteracy, and socio-cultural stratification. By drawing comparisons between India's unique socio-legal context and European AI governance framework, this study proposes a path forward for the responsible integration of AI in India’s judiciary. The paper concludes by emphasizing the need for an inclusive legal framework that addresses India’s social diversity, while ensuring that AI systems serve to enhance, rather than hinder, justice and equality for all.