We, the people of India that is Bharat, adopted its constitution on the twenty-sixth day of January in 1950, when she became a democratic-republic. At that time, the world laughed at us for adopting the path of democratic-republic as a way forward for our country. After 75 years, not only are the doomsayers no more, we stand as a vibrant democracy. It brought together a diverse and newly independent nation, providing a framework for democracy, equality, and justice. The Constitution of India has always acted as an ensemble to guide and transform India into a modern republic.
As India leap-frogs in the twenty-first century, it faces the new set of challenges which the constitution makers could not have envisaged. As the nation grapples with the complexities of a rapidly changing world, it is essential to return to the core values of the constitution, so it can continue to guide the country through its modern challenges. The twenty-first century is also known as the digital century, wherein data is the new currency. For the digital society to thrive, the digital public sphere has to be free, fair and just. This is where we need to turn to the core constitutional values of our living document for it to illuminate our way through the challenges of the digital century.
Digital Divide
Digital divide is a major challenge for the participation in the digital public sphere. It is the lack in access, skills or the tangible benefits obtained from the digital public sphere. This is caused not only due to the existing socio-economic inequalities, but it further re-enforces and exacerbates them. Thus, digital divide not only threatens the participation in the digital public sphere, it curtails the enjoyment of fundamental human rights. Thus, it becomes critical that the fundamental right to equality from the constitution be applied here, Also, the directive principle for the state to secure a social order for the promotion of welfare of the people and that it will strive to reduce inequalities amongst individuals and groups of people. Thus, the constitution through these values illuminate towards a social order where digital divide does not exist and an equitable digital society is formed.
Algorithms and Artificial Intelligence
The development of algorithms and the resulting artificial intelligence has the potential to transform the society for better. However, it can happen only when they are created on the backbone of the core constitutional values. If the algorithms are biased, non-transparent, invasive and without any accountability it defeats the rights framework in the digital public sphere.
It is important that an individual enjoys the same level of protection, freedom and rights in the digital public sphere, as they do in the “real” public sphere. For example, in an accident by car, the driver is held responsible. Similarly, it is important to deliberate who will be held responsible for the accident by an autonomous vehicle – the owner, manufacturer, algorithm designer, the data collector or any other stakeholder? These are serious questions to ponder and deliberate for a rule-based and sustainable digital society.
Let’s take another example. Privacy in real world is a fundamental human right, more so in the confines of one’s house and bedroom. With the advent of algorithms and AI, how is privacy understood in digital society. With the internet-of-things, is an individual’s privacy malleable? Or, does the economic values and the services trump the fundamental human right of privacy and freedom? This is where we need to turn to the core constitutional values of our living document for it to illuminate our way through the challenges of algorithms and AI so that they are accountable, transparent, unbiased and have privacy protocols.
Data, Protection and Privacy
Data being the new currency, its collection, storage and processing is not only an economic matter, but it is also a strategic and rights issue, as well. It becomes necessary to examine from the core constitutional values if data localisation, data globalisation or data cooperatives is a way forward? It has to be examined if the data processing is being done within the rights and ethics framework, including but not limited to, informed consent, non-discrimination, transparency and accountability? Further, who should have the control over the data – the principal, the platform, the collector, the processor, the government(s), or the cooperative?
The most pressing question to deliberate is that who should be the custodian of an individual’s data – the government, the multinational corporation, national or multinational cooperative, or some other new framework. Every scenario has its own pros and cons which need to be deliberated for digital social sustainability.
Creating a just and sustainable digital society
For a vibrant digital public sphere, justice, equity and sustainability are crucial. Socio-economic justice can be achieved only when the inequalities amongst individuals and groups are obliterated. Further, equity is obtained when there is equality of opportunity and a social order which promotes the welfare of all. Lastly, for the sustainability, data protection, security and the fair and just use of technology is crucial.
Summing up: constitutional core values for the digital society
The crucial core constitutional values to be revisited are equality of opportunity, non-discrimination and right to privacy and personal freedom. Further, it ought to be ensured that the data economy is inclusive, promotes gender
As we move forward, it is crucial to ensure that the digital society we build is not only modern and innovative but also just, inclusive, and aligned with the values that define our democratic republic. Thus, for a vibrant digital society, along with the golden triumvirate of liberty, equality and fraternity; the trio of gender-based framework, SDG lens and the rights approach, all adopted and operated in a harmonious balance, is the way forward.
Avinash Pandey, IRS is Deputy Commissioner of Customs & Indirect Taxes in Ludhiana. Views are personal and do not reflect the views of the government.