The Need to Evolve a Legal Regime for Regulating the Use of Artificial Intelligence in India

The use of technology such as Artificial Intelligence permeated into nearly all sectors because of its multiple uses. It is now used in guiding weapons, driving cars, conducting medical procedures, and even writing legal memos. The list is not an exhaustive one. Artificial Intelligence is fast engulfing our day-to-day activities. However, as per the experts, Artificial Intelligence contains the potential for misuse, misleading, threatening, or even bullying individuals. They are of the view that mitigating the risk of extinction from AI should be a global priority alongside other societal-scale risks such as pandemics and nuclear war. Moreover, the use of drones in warfare with the help of AI is heading towards dangerous proportions. Further, Generative AI is the real danger since its content can be misleading. Currently, much of the talk about control of AI is centered on self-regulation. The industry, for example, is reliant on self-regulation which is not based on a sound legal base. Therefore, a balance has to be made between technological gains and the harmful effect of AI. In this context, the European Union countries have started working on formulating appropriate legislation to regulate the use of AI. India is also on the way to regulate AI through the prism of user harm. Apart from this, such regulation will have to take into account the constitutional rights to privacy, equality, liberty and livelihood. This paper examines the whole issue of regulating the use of AI through evolving a legal regime, the steps taken so far by the government, and to suggest ways to resolve the issue at hand.