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AI and Law: Legal Framework for AI in India

AI and Law

Issue

Artificial Intelligence (AI)-driven technology has the potential to become counterproductive if there is no proper legal framework to regulate its usage.

Recent Developments:

Recently, there have been several noteworthy developments in India related to AI. The Kerala police have introduced a robot for police work, while Chennai now boasts its second robot-themed restaurant where robots not only serve as waiters but also interact with customers in English and Tamil. In Ahmedabad, a cardiologist successfully performed the world’s first in-human telerobotic coronary intervention on a patient located nearly 32 km away. These examples highlight the increasing presence of AI in everyday life.

Global Measures:

Around the world, various countries are taking initiatives to develop laws and regulations for smart technologies and AI. In the U.S., discussions are underway to regulate AI, while Germany has implemented ethical rules for autonomous vehicles, prioritizing human life over property or animal life. China, Japan, and Korea are also following suit by developing laws for self-driven cars.

Need in India:

India faces several challenges like traffic accidents and inadequate access to specialized medical care. AI-driven technologies, such as autonomous vehicles and telemedicine, have the potential to address these issues and save lives. However, without proper regulation, the uncontrolled deployment of AI could lead to unpredictable consequences.

Challenges Involved:

Predicting and addressing legal issues related to AI usage is complex. For instance, determining liability in the case of accidents involving AI-driven driverless cars can be challenging.

AI Policy Progress in India:

In India, NITI Aayog released a policy paper called ‘National Strategy for Artificial Intelligence‘ in June 2018, highlighting the significance of AI across various sectors. The 2019 Budget also proposed a national AI program. However, comprehensive legislation to regulate the growing AI industry is yet to be formulated in India.

Priorities:

To address the challenges posed by AI, certain priorities need to be addressed. First and foremost, there should be a legal definition of AI. Establishing the legal personality of AI, along with associated rights and obligations in the context of India’s criminal law, is crucial. Additionally, a liability scheme that holds the product manufacturer accountable for any harm caused by AI should be considered. Furthermore, data privacy regulations, as part of the Personal Data Protection Bill, of 2018, should be framed to regulate the use of data by AI entities.

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