Xplore Publications
* Volume 3 of Transformations in Management is open for submissions until 30 August 2026. *

Chapter 60

The Algorithmic Divide Human Rights in the Age of AI Srija Saha

ISBN
978-81-992602-2-0
Published
21 July 2026
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Reading time
~2 min

Full text

Today, the biggest inequality in the world is not only about money, but also about access to knowledge. In the digital age, this gap is increasing because not everyone has equal access to information and technology. This directly affects basic human rights like the Right to Education and the Right to Information, which are protected under the Universal Declaration of Human Rights. This paper argues that the current legal systems are not strong enough to deal with the growing power of big technology companies. Only few companies from developed countries, control AI systems and its data which causes inequality in knowledge and information sharing across the world. This is accurately expressed by the idea of “scientific feudalism” where land was controlled by a few powerful people. Today data is controlled by big-tech corporations creating an imbalance of power in society. Beyond education, this divide also creates unfairness in the legal system. For example, State of Arizona v. Loomis shows the risks of using secret algorithms in decision-making raising concerns about transparency and right to fair trial. This is also important under the International Covenant on Civil and Political Rights (ICCPR), especially in relation to freedom of speech and fair legal processes. This paper further enumerates that only depending on AI ethics is not enough and needs strict and fastidious legal statute to protect digital rights. After the Indian case of Justice K.S. Puttaswamy v. Union of India, where the right to privacy was recognized as a fundamental right, it becomes clear that protecting digital identity is very important since technology should help people grow and access knowledge, not increase inequality which reiterates the need to ensure no country is left behind in the age of AI.

Keywords: Algorithmic Divide, Artificial Intelligence (AI), Human Rights, Scientific Feudalism, Digital Inequality.

Bio:

Srija Saha is a second-year B.A. LLB. student at Ljd Law College, University of Calcutta.

Email ID: myselfsrijasaha@gmail.com

Contact no. 9748916982

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