NEW DELHI: At a time when privacy violations in the age of internet and AI concerns many, Justice BR Gavai, the next in line to be CJI, on Monday said protection of personal data in the digital age was an integral part of right to privacy, which in turn was part of right to life.
Addressing judges and advocates in the Kenyan Supreme Court, he said there was increasing conflict these days between right to free speech and expression, and reasonable restrictions under Article 19(2) of the Constitution. Justice Gavai is leading a delegation to Kenya that includes Justice Surya Kant.
“Courts are increasingly being called upon to balance freedom of speech and expression with the need to curb misinformation and online harassment,” he said.
In such a scenario, it was crucial for judiciaries in developing countries like India and Kenya to interpret and define the limits of digital rights, intermediary liability and governmental regulation of online platforms, he said.
While hearing the Ranveer Allahbadia case recently, an SC bench led by Justice Kant had asked the Union govt to deliberate and devise the contours of free speech on social media and possible mechanisms to curb vulgarity, obscenity and attempts to belittle traditional norms of societal decency.
“Judiciaries around the world will continue to grapple with complex legal questions surrounding privacy, surveillance, AI ethics, and the governance of emerging technologies,” Justice Gavai said.
Reflecting on the promising results of technology infusion in the justice delivery system in India through e-Courts project piloted by the SC, he said, “Ensuring that technology serves as an enabler of justice while safeguarding constitutional rights will remain a key challenge in the years ahead.”
While proposing closer interaction between judiciaries of the Global South, he said, “India and Kenya can take a lead in forming the Global South Judiciaries Association on Constitutionalism.”
Drawing similarities between the two countries, Justice Gavai said, “Both India and Kenya have large populations that face barriers in accessing legal services.”
