India urgently needs a dedicated artificial intelligence (AI) law, as the current legal framework is insufficient to address the emerging risks posed by AI technologies, according to cyber law expert Pavan Duggal. Speaking at a recent conference, Duggal highlighted that existing laws such as the Information Technology Act, 2000, and the Indian Penal Code are not designed to handle the unique challenges presented by AI, including algorithmic bias, data privacy violations, and autonomous decision-making.
Current Legal Gaps
Duggal pointed out that the rapid adoption of AI across sectors like healthcare, finance, and governance has outpaced legal safeguards. For instance, AI systems can make decisions without transparency, leading to potential discrimination or errors. The current legal framework lacks provisions for accountability when AI causes harm. "We have no specific law that defines AI, assigns liability, or ensures ethical use," he said. This gap leaves citizens vulnerable to risks such as deepfakes, automated cyberattacks, and misuse of personal data.
Need for a Comprehensive AI Law
The expert called for a comprehensive AI law that addresses key aspects: transparency in algorithms, accountability for AI-driven decisions, data protection, and human oversight. He emphasized that the law should be technology-neutral and adaptable to future advancements. "India has the opportunity to become a global leader in AI regulation if it acts now," Duggal stated. He also recommended establishing an independent AI regulatory authority to monitor compliance and enforce standards.
Global Examples
Duggal cited the European Union's AI Act as a model, which categorizes AI systems based on risk levels and imposes strict requirements for high-risk applications. Other countries like Singapore and Canada have also introduced AI governance frameworks. India, being a major IT hub, must align with global best practices to foster innovation while protecting citizens.
Recommendations
- Define AI and its applications in legal terms to ensure clarity.
- Mandate impact assessments for high-risk AI systems before deployment.
- Establish liability rules for AI-caused damages, including strict liability for developers.
- Ensure human oversight in critical areas like healthcare and criminal justice.
- Promote ethical AI through incentives and public awareness.
Duggal warned that without proactive legislation, India risks falling behind in the global AI race and facing social and economic consequences. He urged policymakers to prioritize this issue in the upcoming parliamentary sessions. The expert's call comes amid growing concerns over AI misuse, including deepfakes spreading misinformation and AI-powered surveillance infringing on privacy. A dedicated AI law could also boost investor confidence and encourage responsible innovation.
