AI REGULATION IN INDIA: NAVIGATING LEGAL CHALLENGES AND ETHICAL DILEMMAS

Author: Sunil Rajput, Lords University


ABSTRACT


Although artificial intelligence (AI) has revolutionised several industries, there are urgent ethical and legal issues with its widespread use. India’s emerging AI landscape lacks comprehensive regulation, prompting issues about accountability, data privacy, and algorithmic bias. This article highlights issues, looks at international models, and investigates India’s current AI legal framework. The paper highlights the necessity of balanced regulation to promote innovation while preserving fundamental rights through the use of legalese and case law research.
AI systems in India are growing without clear legal governance. Important difficulties include:
Accountability: Establishing who is responsible for decisions made by AI.
Discrimination & Bias: Making sure algorithms don’t reinforce societal biases.
Data privacy: Adhering to regulations such as the 2023 Digital Personal Data Protection Act.
Intellectual property: addressing who owns works produced by artificial intelligence.
Avoiding abuse in autonomous weapons and surveillance is the goal of ethical AI use.
India needs to find a balance between fostering technical advancement and attending to social and legal issues.

USING LEGAL JARGON
Algorithmic Accountability: Making sure AI-driven decisions are transparent and equitable.
Autonomous decision-making refers to systems that function without the involvement of humans.
Liability Framework: Legal clauses that name accountable parties in the event that AI causes harm.
Intellectual property (IP): The ownership rights of algorithms or information produced by artificial intelligence.
A regulated setting with loosened regulations for testing AI solutions is known as a “Regulatory Sandbox.”

THE PROOF
By 2030, it is anticipated that the global AI market would reach $1.81 trillion, with India positioned to play a major role. Still, research indicates that:
Bias audits are absent from more than 70% of AI systems in India.
Ten percent of businesses say they follow current data protection regulations.
India can get guidance by comparing global approaches, such the EU’s Artificial Intelligence Act. These models cover mandated evaluations and risk-based categorisations of AI systems, which India might adopt.

CASE  LAWS
K.S. PUTTASWAMY (RETD.) V. UNION OF INDIA (2017)
Justness By establishing privacy as a basic right, has an impact on data protection in the context of artificial intelligence.
SHREYA SINGHAL V. UNION OF INDIA (2015)
Emphasised how important it is to impose sensible limitations on digital innovation.
CASE OF AMWAY INDIA ENTERPRISES PVT. LTD. V. 1MG TECHNOLOGIES PVT. LTD.(2020)
It  addressed e-commerce algorithm liability, which is pertinent to AI-driven platforms.
DELHI HIGH COURT ON FACIAL RECOGNITION (2023)
Stressed responsibility and transparency while voicing concerns regarding the permissible use of AI in surveillance.
NARENDRA MODI V. RAHUL GANDHI  (2019)
It highlighted the necessity of regulatory control by addressing the dissemination of false information through AI-generated material.


CONCLUSION


India’s economy is being revolutionised by AI, yet there are serious hazards associated with its unchecked expansion. While encouraging innovation, legal systems must handle issues including bias, liability, and privacy. Adopting a risk-based regulation strategy modelled after global norms can be advantageous for India. To guarantee that AI benefits society fairly, policymakers should place a high priority on ethical AI development, public consultations, and extensive legal protections.

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