Algorithmic Accountability And Human Rights: Reconciling Artificial Intelligence Governance With International And Indian Legal Frameworks
Divya Singh, Ph.D. Research Scholar, Faculty of Law, University of Lucknow, Lucknow, Uttar Pradesh
Deo Pratap Singh, Ph.D. Research Scholar, History Department, Ram Manohar Lohiya National Law University, Lucknow, Uttar Pradesh.
ABSTRACT
Artificial intelligence (AI) has transformed decision-making across various sectors creating unprecedented opportunities for efficiency while simultaneously raising complex legal and human rights concerns affecting equality, privacy, dignity and access to justice arising out of their opacity. Existing international human rights instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the UN Guiding Principles on Business and Human Rights, together with the European Union's AI Act, provide an emerging normative framework for responsible AI governance. However, significant regulatory gaps like algorithmic transparency, explainability, attribution of liability and effective remedies persist resulting in discriminatory outcomes. Within India, constitutional guarantees under Articles 14 and 21, judicial recognition of informational privacy and the Digital Personal Data Protection Act, 2023 establish an important foundation, although a comprehensive legal framework addressing algorithmic discrimination remains absent. Adopting a doctrinal and comparative legal methodology, this study analyses international human rights standards, constitutional jurisprudence, statutory and judicial developments to evaluate the adequacy of existing legal safeguards. It further examines the conceptual foundations, challenges and compatibility of AI governance with constitutional values. The paper advocates a rights-based regulatory model founded upon transparency, human rights due diligence, oversight, algorithmic impact assessments and strengthened institutional accountability. It argues that embedding constitutional principles of equality, dignity, fairness and procedural justice within AI regulation is essential to ensuring that technological innovation advances democratic governance without compromising fundamental human rights.
Keywords: Artificial Intelligence, Human Rights, Algorithmic Bias, Constitution, International law, Discrimination.
