Vaquill is a legal publication house that simplifies legal information and publishes content in multiple Indian languages.

What languages does Vaquill publish in?

Vaquill publishes content in English, Hindi, Marathi, Tamil, Telugu, and Bangla.

Jindal student sues the university for failing him after providing an AI generated project. What next?

In recent years, artificial intelligence (AI) has made significant inroads into education, raising important questions about academic integrity and the concept of plagiarism.

The case of Kaustubh Shakkarwar, a student at Jindal Global Law School, highlights these issues. Shakkarwar, who is pursuing a Master of Laws (LLM) in Intellectual Property and Technology Laws, found himself in a challenging situation when the university's Unfair Means Committee accused him of submitting an exam paper that was “88% AI-generated.” As a result, he was declared to have failed the exam.

Shakkarwar appeared for his first-term examinations on May 18, 2023, and submitted answers for the end-term exam in the subject ‘Law and Justice in the Globalizing World.’ On June 25, he received a notice of failure, leading him to file a petition against the university's decision.

He argues that the university did not provide clear guidelines against using AI for assignments, and he contends that his responses were his own work. Furthermore, he pointed out that the university failed to provide any explicit rules regarding the use of AI, leading to questions about the fairness of their ruling. Justice Jasgurpreet Singh Puri has scheduled a hearing for this matter on November 14, 2023.

Understanding Plagiarism in the Age of AI

Plagiarism is commonly understood as the act of using someone else's work or ideas without proper acknowledgment. Traditionally, this has meant copying text or ideas from books, articles, or online sources.

However, with AI tools becoming increasingly sophisticated, the lines are starting to blur. If a student uses AI to help draft their responses, is that original work or a form of cheating?

Currently, many educational institutions do not have clear guidelines regarding the use of AI. This lack of clarity can lead to confusion and inconsistency in how cases like Shakkarwar's are handled. For instance, under the Indian Copyright Act, 1957, plagiarism can be seen as an infringement of copyright, particularly when using material without proper attribution.

However, the use of AI complicates matters, as students may not be directly copying content but instead using AI-generated outputs as a basis for their work.

As AI technology continues to advance, it is crucial for universities to define what constitutes acceptable use of AI in academic settings. Some essential sections of the** Indian Copyright Act, 1957** that may apply in discussions around plagiarism and AI include:

Section 14: This section outlines the rights of the copyright owner, which includes the right to reproduce the work in any material form.
Section 51: This section discusses the infringement of copyright, which occurs when someone uses a copyrighted work without permission.
Section 2(o): This section defines "plagiarism" within the academic context, often leading to disciplinary actions if proper attribution is not given.

Given that Shakkarwar's case hinges on the distinction between AI assistance and plagiarism, institutions need to develop clear policies that explicitly address these concerns.

Should Universities Embrace AI or Limit It?

The ongoing debate about AI in education raises another important issue: Should universities embrace AI as a helpful tool or limit its use to maintain academic integrity? On one hand, AI can assist students in understanding complex concepts and improving their writing skills. On the other hand, over-reliance on AI could hinder the development of critical thinking and original thought.

To address the elephant in the room, here is an outlook of the implications in both cases:

Illustrative image showing student studying

Embracing AI: A Positive Approach

Enhancing Learning Opportunities Embracing AI can enhance learning experiences for students. AI tools can help students understand complex subjects, provide personalised learning paths, and improve writing and research skills. For example, AI can assist students in generating ideas or summarising information, making it easier for them to engage with their coursework.
Preparing for the Future As AI becomes a significant part of various industries, understanding how to use these technologies is essential for students' future careers. Universities that incorporate AI into their curricula can better prepare students for the job market. This aligns with the Indian National Education Policy, 2020, which encourages the integration of technology in education.
Legal Framework Support From a legal perspective, using AI in education can be supported by existing laws. For instance, under the Indian Copyright Act, 1957, students must acknowledge any content they use, whether it's generated by AI or taken from traditional sources. Clear guidelines can be established to ensure that students understand how to use AI responsibly without violating copyright laws.

Limiting AI: A Cautious Approach

Academic Integrity Concerns Limiting AI use can help maintain academic integrity. If students rely too much on AI for their assignments, it may hinder their critical thinking and creativity. This can lead to issues like plagiarism, where students might submit work that is not truly their own. The University Grants Commission (UGC) guidelines on plagiarism emphasise the need for originality in academic work, highlighting the importance of authentic student contributions.
Need for Clear Policies To avoid misuse, universities may need to set clear policies regarding AI use. These policies could define what constitutes acceptable assistance and outline penalties for violations. This is crucial, especially in light of Section 51 of the Indian Copyright Act, which addresses copyright infringement and could apply to unauthorised use of AI-generated content without proper attribution.
Ensuring Fairness in Assessments Limiting AI might also help ensure fairness in assessments. If some students use AI effectively while others do not, it could create an uneven playing field. Establishing guidelines can help universities maintain fairness and integrity in evaluation processes.

Conclusion

As the academic world grapples with the implications of AI, it is essential to find a balance that encourages innovation while protecting the integrity of education. The case of Kaustubh Shakkarwar serves as a reminder that clarity in policy is needed as we move into a future where AI plays a larger role in learning and assessment.

Institutions and courts must redefine what plagiarism means in the context of AI assistance and establish clear guidelines to support students. This evolving issue invites everyone—students, educators, and legal professionals—to consider the role of AI in academic assessments and how best to adapt to these changes.

References:

Written by Seersha Chaudhuri

Driven legal professional with a BA LLB and a knack for writing and media reporting. Previously, I’ve crafted legal documents and managed court proceedings at Terkiana PC, focusing on immigration law. I’m also brushing up on my Spanish with Duolingo—learning a new language has never been this fun! Eager to blend my expertise in legal research with my passion for global policy and creative writing. Apart from being a professional, I am a full time lover of fish, dystopian fiction and Brooklyn 99.