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Algorithmic Astrology: When Traditional Practices Meet Modern Discrimination Law




Ridhima Goel, LLB, O.P. Jindal Global University


ABSTRACT


This paper examines the growth of algorithmic astrology in India, where digital platforms use artificial intelligence to replace religious predictions when it is initialized by caste, religion, gender and other inputs mix. These services all claim to offer a mechanical version of traditional processes. However, the algorithms that are hardwired, often perpetuate systemic biases, leaving room to discuss deeply troubling human rights issues under foundational anti-discrimination and constitutional principles in India. This paper questions whether these platforms are acting as indirect discrimination despite operating as religious platforms. Using a doctrinal legal methodology, I examine Articles 14, 15, 19 and 25 of the Constitution of India, past case law decisions like Navtej Singh Johar, Puttaswamy, and Sabarimala judgments. I finally examine statutory frameworks including, the Information Technology Act, Consumer Protection Act, and the caste based anti-discriminatory legal frameworks and makes the case for equivalent law in the digital context. The paper draws comparative insights from the the UK, EU and the US to formulate an approach with respectfully greed test for algorithmic indirect discrimination and recommendations for legal reform through algorithmic auditing, an increased regulatory presence, and a new AI Ethics Commission. Finally, the paper shows that recognition of equality in the Constitution must evolve to meet the digital reproduction of the oppressive caste and religious systems, where advancements in technology do not come at the expense of social justice.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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