Author: Harshit student of Uttar Pradesh State Institute Of Forensic Science, Lucknow
To the Point
Artificial Intelligence (AI) does not just come with technological advancement but it also brings various legal challenges. Day by day AI technologies grow in autonomy and intelligence and it begin to do things which are generally done by human like healthcare, inane, transport and law enforcement. However Indian legal framework is not growing as these technologies are growing. There is an urgent need to create legal framework that can guide, monitor and regulate the use of AI in a fair and responsible way. The absence of clear AI legislation creates a critical situation in which its liability, accountability, data privacy and ethics are largely unregulated. This article will examines the current state of AI regulation in India and talk about need of structured and rights based legal framework.
Use of Legal Jargon
AI contains various legal challenges which must be addressed through present legal framework. Concepts like mens rea (criminal intent), actus reus (guilty act), legal personality, vicarious liability and negligence become difficult to apply to these autonomous systems. When AI creates music, songs, images and many more things like that it is not clear who is the really owns it under copyright law. AI also affects intellectual property rights (IPR) which talks about authorship and ownership. For example if an accident happen because of AI powered self driving car then who will face legal consequences the manufacture, the software developer or the user. There are new Indian laws like Digital Personal Data Protection Act, 2023 are starting to address legal issues but we have to go a lot more.
The Proof
Currently India does not have comprehensive legal framework to deal with these AI legal issues. The Information Technology Act,2000 covers some areas like cybercrime, data theft and e-commerce but it does not have any provision for AI. In 2018, NITI Aayog released an report which talks about using AI in various fields like healthcare, education, agriculture, sat cities etc. but it does not have any regulatory framework. Other countries have different acts to deal with this like European Union have the AI Act which classifies AI systems based on risk levels and assigns responsibilities accordingly. US has published guidelines through the NIST about AI. While China released the AI Regulation on Deep Synthesis which includes rules for deep fake content. India needs its own laws to maintainability of Artificial Intelligence.
Abstract
Artificial Intelligence is developing exponentially and has great potential to transform the Indian society in both good or bad way. Without the clear legal framework and regulation the use of it can lead to unfair, harm to people and violation of rights. India currently does not have clear legal system to deal with AI’s legal challenges. This article explains current framework, highlights the risks of unregulated AI and stresses the need for new legislation. India can ensure AI used in right based manner and responsible way by adopting a balanced and clear legal framework.
Case Laws
1. Justice K.S. Puttaswamy v. Union pf India (2017):- In this case of Supreme Court held that Right to Privacy is a fundamental right. Use of AI in unregulated manner can lead to violate this right.
2. Shreya Singal v. Union of India (2025):- In this case, the court struck down Section 66A of the IT Act for violating free speech. This case shows the importance of the individual rights which can be violate by AI’s misuse.
3. Avinash Mehrotav. Union of India (2009):- In this case, court emphasized the Precautionary Principle in policy making by stating that government must act in advance where lives are at risk. This idea can apply to AI used in critical areas like health or transportation.
4. Ritesh Sinha v. State of Uttarpradesh (2019):- In this case, the court allowed to use voice samples as a form of evidence. It raised questions about using bio metric data which is a concern tat is growing with AI technologies.
Conclusion
Artificial Intelligence offers us various benefits but also brings serious challenges to address. It can invade privacy, copyright infringement, defamation and many more. India’s current laws are outdated and cannot manage the complex legal issues regarding AI. To address this India should create a comprehensive legal framework that defines terms, sets safety rules and explains the responsibilities. We have to make rules that ensure transparency, accountability and fairness in AI systems. India should also form an independent AI regulatory authority to watch over AI development and support ethical AI development through collaboration between the government, NGOs and civil society. If India wants to enjoy the benefits of AI without putting people’s rights and safety at risk then India need to act fast. India can promote innovation by buliding a strong legal framework. If we can eliminate the future risks now with proper care then we should do it as fast as we can. Because for the better future we have to properly manage our present.
FAQS
1. Does India currently have any specific AI law?
No India does not have any specific AI law to deal with emerging AI challenges. Existing laws like the IT Act and the DPDP Act are not enough to manage AI’s legal complexities.
2. What kind of problems can unregulated AI cause?
Unregulated AI can lead to various legal challenges like privacy violations, discrimination, biased decisions, violation of copyright, job loss and even physical harm in areas like healthcare and transportation.
3. How soon should India act in response to manage AI?
As AI is growing faster we need an urgent legal framework to eliminate the AI challenges. Delay could lead to illegal acts, harm people and missed economic opportunities.
4. Why is AI regulation is important for democracy?
Misuse of AI can affect rights like right to privacy, free speech and equality. And without the proper laws it can be misused by companies or government which could harm harm democratic values.
5. Can AI be held legally responsible?
Not now because in existing Indian law AI is not recognized as a legal person. Responsibility usually lies with developers, users or companies using the AI.
