The approach to regulating AI in India

(Source – The Hindu, International Edition – Page No. – 9)

Global AI Governance Trends

• Over the past year, the global focus on Artificial Intelligence (AI) governance has shifted from human rights and safety to innovation and economic growth.

• Despite this shift, only a few countries such as China, the EU, Canada, Korea, Peru, and the U.S. have implemented laws specifically regulating AI.

• Some countries, like the U.K., Japan, Brazil, Costa Rica, Colombia, and Pakistan, have draft AI bills awaiting approval.

• Around 85 countries and the African Union have released national AI strategy documents that outline goals, plans, budgets, and ethical principles for AI development.

India’s Current Approach to AI

• India does not have a formally approved national AI law or strategy document.

• Instead, it focuses on a government mission supporting AI development through the IndiaAI initiative.

• A 2018 document by NITI Aayog proposed a national strategy, but it has not been officially adopted or allocated a budget.

• The IndiaAI mission includes seven pillars aimed at creating an innovative and trustworthy AI ecosystem.

• An expert advisory group is currently developing recommendations for AI governance frameworks, but their official adoption remains unclear.

Strengths and Gaps in India’s Approach

• India’s flexible approach allows room to adapt to changes in technology, global politics, and public sentiment.

• However, this flexibility comes with a major drawback — there is no clear vision or roadmap for India’s AI goals and implementation plans.

• The absence of a unified strategy leads to reactive efforts that may rely on individual leadership rather than structured policies.

• AI usage is growing rapidly in India, but it is still mainly concentrated in global powers like the U.S., EU, U.K., and China.

Need for Safeguards in AI Use

• As AI use increases, it must not lead to discrimination, privacy breaches, or exclusion in sectors such as education, healthcare, and public services.

• Currently, most AI regulations in India are voluntary and not well defined.

• There is limited public knowledge about how algorithms are used, evaluated, or how they impact everyday life.

• AI-generated content has already caused social unrest in India, highlighting the urgency of clear regulations and civic awareness.

Learning from Global Models

• Countries have followed different models of AI regulation.

• The DPDP Act, 2023 in India follows a centralised and cross-sectoral model, similar to the EU and China.

• The U.S. follows a decentralised, sector-specific model, while China has separate laws for types and uses of AI.

• India can adopt a similar or hybrid model, using the DPDP Act as a foundation.

Way Forward for India

• Creating an AI policy could be a practical first step.

• It would help test enforcement mechanisms before passing formal laws.

• A clear AI policy should outline India’s vision, ethical use guidelines, infrastructure plans, priority sectors, and responsible authority.

• Public discussions must also be started to ensure transparency and accountability in AI implementation.