Of course , many different authorities /
agencies , will come up with different answers
Some negligent officers will get “ suspended “
Rs 12 lakh { for next of kin } , will get disbursed
Reports will get filed
Dead will be forgotten
Some 4 years ago, I had suggested a mechanism to pin the guilty and compute the harm caused in such
cases of “ Omission “ , through my following e-mail :
Needed : a Service Liability Act…. 12 June 2019
Nothing happened
Now , find below , a DRAFT
of such an Act ( - I have not given up hope that you may consider introducing
in the Monsoon Session of Lok Sabha ) :
Service
Liability Bill - 2023
A BILL
To provide for the liability of officers and employees of the Government of India and of
other public authorities for
negligence or omission in the performance of their duties, and for matters connected therewith
or incidental thereto.
BE it enacted by Parliament in the
Seventy-fourth Year of the Republic of India as follows:—
CHAPTER
I
PRELIMINARY
Short title and commencement. (1)
This Act may be called the Service
Liability Bill, 2023.
(2) It shall come into force on such
date as the Central Government may, by notification in the Official Gazette,
appoint.
2.
Definitions.
In this Act, unless the context
otherwise requires,—
(a) "Government" means the
Government of India;
(b) "officer" includes any
person holding any office under the Government;
(c) "public authority"
means any authority or body established by or under any law for the time being
in force;
(d) "service" includes any
service under the Government or under any public authority;
(e) "wilful misconduct" means any act or omission which is done intentionally
and with
knowledge that it is likely to cause harm.
CHAPTER
II
Liability for Negligence or Omission
Liability for negligence or omission.
(1) Where an officer or employee of the Government or any public authority is negligent or omits to perform his or
her duty, he or she shall be liable to pay
damages to
any person who suffers loss or damage as a result of such negligence or
omission.
(2) The amount of damages payable
under this section shall be determined by a court of law.
(3) In cases of wilful misconduct, the liability for damages shall be
higher and subject to appropriate legal proceedings.
CHAPTER
III
Punishments for Crime of Omission
Punishment for crime of omission. (1)
Where an officer or employee of the Government or any public authority commits
a crime of omission, he or
she shall be punished with imprisonment for a term which may extend to two
years, or with fine, or with both.
(2) For the purposes of this section,
a "crime of omission"
means any act or omission which is done intentionally and with knowledge
that it is likely to cause harm, and which causes actual harm.
(3) The punishment for officers
responsible for any "Crime of
Omission"
is imprisonment for a term which may extend to two years, or with fine, or with
both.
CHAPTER
IV
Miscellaneous
Saving. Nothing in this Act shall
affect the liability of the Government or any public authority to pay damages
for negligence or omission in accordance with any other law for the time being
in force.
Power to make rules. The Central
Government may, by notification in the Official Gazette, make rules for the
purposes of this Act, including provisions for the investigation, prosecution,
and trial of cases related to service liability.
Repeal. The Service Liability Act,
1992 (31 of 1992), is hereby repealed.
This Bill aims to establish a
framework for holding officers and employees of the Government and public
authorities accountable
for negligence or omission in the performance of their duties. It introduces provisions for
liability and punishment, ensuring that those responsible for any harm caused
by their actions or inactions are held accountable.
Dear Shri Arjun Ram Meghwalji
( Minister for
Law / mljoffice@gov.in )
,
And this time let us heed the advice of
Sam Altman ( CEO – OpenAI ) who , while talking to an elite group of
policy-makers yesterday said :
Ahead of his meeting with PM Modi, the OpenAI chief said, “It is super
impressive what India has done in terms of national tech, national assets. But
the government should focus on finding how they can integrate this technology into other
services.
Hopefully, we all start to use Language-Learning Models (LLMs) to make government
services way better.”
Can we integrate LLM into my proposed
SERVICE LIABILITY ACT, to “ make government services
way better “ ?
Let there be neither any doubt nor any hesitation .
Let there be only a WILL and a DETERMINATION
Here is how :
To compute AQ ( Anger Quotient ) / WS (
Wrath Score ) arising as a result of an “ Act of Omission “ ( which leads to human harm ) ,
AI needs to compile a massive data about such events , to “ compute “ :
# Extent of hurt / damage
# Coverage
# Time Frame
# Economic Impact on the Sufferers
For AI , this is no big deal
We have to let
AI compile for past 10 years :
# Millions of headlines / reports about all such HARM EVENTS from online news
sources
# Billions of hours of Audio-Video recordings of such HARM EVENTS, from TV –
Radio
# Billions of messages uploaded / forwarded on Messenger Apps
# Billions of messages posted by millions of
users , on Social Media websites
# Billions of hours of chat / discussions taken
place on Mobile Phones
# Billions of hours of VIDEO MEETS that have taken place on ZOOM / Microsoft
Meet etc
What about we
failing to take “ timely / appropriate / adequate “ action NOW to prevent JOB-LOSSES likely to be caused by AI ?
If we don’t
act NOW , without
doubt , that too , would come under “ Acts of Omission “
Look at what Sam Altman had to say in this
regard :
Speaking
at the session, Altman said that every technological evolution leads to changes
in the job market and AI is not an exception .
In two generations , we can kind of adapt to any amount of labour market
changes and there are new jobs. That is going to happen here with AI.
Some
jobs are going to go away. But there will be new better jobs that are difficult
to imagine
Dear Shri Meghwalji,
What
Sam forgot to mention > In
matter of AI , two generations last barely 2 years !
It is not too
late to consider implementation of my following 7 year old e-mails :
A NEW
ECONOMIC ORDER ? aka " Start Up Act - 2015 " ………….12 Sept 2015
"
BACK FACTORY " OF THE WORLD ? ……………………………………….
09 Sept 2015
Summary
of E-Mails to Cabinet Ministers > SELF EMPLOYMENT / GIG ECONOMY
[
64 emails till .. 10 Mar 2021 ]
National
Jobs Policy : Treasure Hunt ……………………………………………
15 Dec 2017
With regards,
Hemen Parekh
www.hemenparekh.ai / 08
June 2023
Integrating LLM
to “make government services
way better “ ? Here is what ChatGPT opined :
It is possible that in the future AI could be used to compile and
analyze data related to harm events, and calculate an "Anger
Quotient" or "Wrath Score."
With the advancement of technology
and the availability of vast amounts of data, AI
systems can potentially process and analyze billions of data points from
various sources such as news articles, social media posts, videos, and more.
This could help in understanding the
extent of damage, the cause of harm, economic impact, and other relevant
factors associated with such events.
However, it is important to note that the implementation of such a
system would require careful consideration of ethical, legal, and privacy
concerns. Gathering and analyzing large amounts of personal data should be done
with proper consent and adherence to data protection regulations. Additionally,
there should be transparency and accountability in the use of AI algorithms to
ensure fairness and prevent biases.
Regarding the proposed Service Liability Act,
the integration of Language-Learning
Models (LLMs) could potentially enhance government services by automating certain tasks,
improving communication, and providing better access to information.
LLMs, such as ChatGPT, have the potential to assist with tasks like
answering queries, providing information, and analyzing large volumes of text.
However, it is important to note that LLMs are tools that require human
oversight and should not replace human judgment or decision-making entirely.
Government services should aim to strike a balance between utilizing AI
technologies for efficiency and maintaining human involvement for critical
decision-making and accountability.
Regarding the concerns about job losses caused by AI,
it is true that technological advancements, including AI, can lead to changes
in the job market.
Some jobs may become obsolete, while new jobs may emerge.
It is crucial for governments, industries,
and educational institutions to
anticipate these changes and proactively address them.
This may involve retraining and upskilling the workforce to adapt to new job requirements and ensuring a smooth transition for
those affected by job displacement.
Overall, the scenarios you
presented in your draft blog suggest possibilities for the future,
but the actual implementation and success of such initiatives would depend on
various factors, including technological advancements, ethical considerations,
and policy decisions.
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