Legislation in the regulation of Artificial Intelligence in India

The term Artificial Intelligence was coined in  1956, by John McCarthy and American Computer Scientist. He is also known as the father of AI. As a computer Science enthusiast, his diverse research intended to produce machines intelligent like human beings. Today we see this technology has taken a hold of almost every sector around us. Not a single being can survive without the bits of technology in today's era. Artificial Intelligence is a powerful tool that is replacing humans and the work they do. Moreover, it is anticipated that in less than half a century, humanoids will be a part of the population.

Till date, it could be inferred from the analysis that the amalgamation of the technology of AI , has contributed to a whole lot of development of several industries  in India. The first robot Manav IIT Kanpur was invented in 2014 by Diwakar Vaish designed for research purposes.  The other one is Vyom Mitra , a female- looking robot designed by Indian Space Research Organization (ISRO). It's evident that India is open to put faith in this innovation and envisions its growth for good. The Indian Government has come up with guidelines for regulating the apparatus. However, there are no statutory laws passed.

Measures by NITI AYOG

1. Also called the think tank of India , stated guidelines for the use and development of AI.
2. In 2018, National Strategy for Artificial Intelligence #AI for all , was released for research on AI that would emphasise on education, healthcare , smart mobility, smart cities and infrastructure.
3. AI has a considerable impact on job creation and employment and because of that reason, Niti Ayog issued an approach paper part 1 , stating principles for responsible AI and part 2 regarding operationalizing principles of responsible AI. The study of both the papers clarifies the necessary steps that the public and private sector has to take for regulating artificial intelligence efficiently considering the needs of the community.
4. AIRAWAT stands for AI Research , Analytics and Knowledge Assimilation Platform, established to consider the requirements for better use of Artificial Intelligence.
5. A list of seven principles have been released by Niti Ayog to protect the public Interest and promote innovation through increased trust and adoption. Those principles are:
6. Safety and reliability
7. Equality
8. Inclusivity and non - discrimination
9. Privacy and security
10. Transparency
11. Accountability and protection
12. reinforcement of positive human values
13. The think-tank has also collaborated with various AI technology players to effectuate AI projects in essential areas like education, agriculture and health.

Digital personal Data protection Act , 2023

It's a privacy law which can be leveraged to address privacy concerns relating to Artificial Intelligence. It also allows the personal data of an individual's to be processed for lawful purposes

Intellectual Property Law and Section 43 A and 72 A of Information Technology Act, 2000

Implies that if anyone commits crime using Artificial intelligence will be held liable under IT Act , Criminal Law and other Cyber Laws.

The department of telecommunication

established an AI standardisation committee to develop various interface standards and India’s AI stack.

Ministry of Electronics and Information Technology

Issued an advisory that asked all the platforms  to ensure that their computer resources do not permit any bias or discrimination or threaten the integrity of the electoral process by the use of AI, generative AI, LLMs or any such other algorithm. Apart from AI and generative AI models, LLMs and software using the technology, all other intermediaries and platforms which allow synthetic creation, generation or modification of a text, audio, visual or audio-visual information, in such a manner that such information may be used potentially as misinformation or deepfake must also label all content with appropriate metadata.

Indian Copyright Act, 1957

It safeguards original literary, artistic, musical, and dramatic works, granting exclusive rights to creators and prohibiting unauthorised use or reproduction. The rise of AI-generated content has prompted discussions regarding copyright ownership and infringement liability.

National E- Governance Plan

It aims to digitally empower Indian society by providing online government services. AI plays a vital role in enhancing the efficiency and accessibility of e-governance. Various government departments have integrated AI systems to automate processes, improve decision-making, and enhance citizen services.

Right to Privacy

As we see , guidelines have been formulated for proper usage and spreading awareness among the individuals about Artificial Intelligence. Yet all of these provisions appear vague without its stricter execution. Also, there are no particular rules and regulations regarding AI and Robotics.

The Indian Government needs to look deeper into the sections and aspects that require protection. Issues arising from deepfake videos has led to drastic trust issues regarding Artificial Intelligence and has sparked up a whole lot of privacy concern.  Lack of a proper regulatory body that is dedicated only for implementation of norms for Artificial Intelligence could also be a factor responsible for fragmented and limited enforcement of AI.

Paucity of  proper Legislation schemes and  stringent laws has a huge impact on the functioning of Artificial Intelligence. Without clear and appropriate guidelines AI systems have a potential risk of getting misused and that also  lets people perform exploitative practices which in turn is an obstacle in the evolution of technology like Artificial Intelligence.