Legislative Gaps in India’s AI Regulation: Need for A Dedicated AI Law

Abstract

Artificial Intelligence (AI) is reshaping various sectors in India, including healthcare, finance, governance, and surveillance. However, the country currently lacks a dedicated legal framework to address the ethical, legal, and privacy challenges posed by AI. The rapid adoption of AI technologies has introduced concerns such as algorithmic bias, lack of transparency, privacy vulnerabilities, and accountability issues gaps that existing laws fail to fully cover.

This paper critically examines the inadequacies of India’s current AI-related legal framework and assesses the limitations of existing legislation, such as the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023. While these laws regulate certain digital activities, they do not specifically address AI-related risks, such as the explainability of AI-driven decisions, liability issues, and mechanisms to prevent automated bias and discrimination. The paper also explores global AI regulatory models, including the European Union’s AI Act, the United States’ Algorithmic Accountability Act, and China’s AI governance framework, to draw insights from international best practices.

Additionally, the study highlights the urgent need for a specialized AI law in India to promote responsible AI governance. It suggests a legal framework that includes AI risk classification, mandatory AI impact assessments, transparency mandates, and accountability mechanisms. Furthermore, it underscores the importance of public awareness and ethical AI deployment standards to foster a fair and inclusive AI ecosystem. By addressing these gaps through a dedicated legal framework, India can strike a balance between AI innovation and the protection of fundamental rights, ensuring AI serves society in an ethical and equitable manner.