India’s regulatory framework for artificial intelligence (AI) remains underdeveloped, particularly in addressing key issues such as data protection and algorithmic bias. While the enactment of the Digital Personal Data Protection (DPDP) Act, 2023 marks a significant step toward safeguarding personal data, it does not specifically regulate AI systems or automated decision-making. The law lacks provisions for algorithmic transparency, fairness audits, or rights against automated profiling—mechanisms that are vital to ensuring responsible AI deployment. This gap becomes especially concerning in light of India's social diversity, where unregulated AI systems may perpetuate or amplify existing biases related to caste, gender, or religion. Moreover, India does not yet have a dedicated AI law or binding ethical guidelines. NITI Aayog’s “Responsible AI” working papers, while thoughtful, are advisory in nature and lack enforceability. The Information Technology Act, 2000, which governs digital systems more broadly, is also outdated and ill-equipped to deal with the nuances of machine learning, predictive analytics, or AI accountability. This legal vacuum is especially problematic as AI applications—such as facial recognition, automated loan approvals, and predictive policing—begin to affect citizens' rights directly. In the absence of legal obligations for algorithmic audits, fairness testing, or human oversight, individuals have limited or no recourse if harmed by biased or opaque AI decisions. Therefore, India’s current regulatory landscape is inadequate to meet the challenges posed by AI in terms of both data protection and algorithmic bias. A comprehensive legal framework—grounded in human rights, fairness, and technological accountability—is urgently needed.
India's regulatory framework for artificial intelligence is evolving, with ongoing efforts to address data protection and algorithmic bias. Current analyses highlight gaps in legal provisions, emphasizing the need for comprehensive policies that balance innovation with ethical considerations and privacy protections.
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