Context: As of 2024, over 85 countries, including China, Canada, South Korea, European Union, African Union etc. have released National AI strategy documents for regulation of Artificial Intelligence. However India adopts a flexible - mission mode approach lacking a Comprehensive AI policy to address emerging challenges associated with AI.
Relevance of the Topic: Mains: India’s Current AI regulations- its challenges and the need of a comprehensive AI policy.
India’s Current Approach to AI Governance
AI's rapid growth poses profound ethical, legal, economic, and societal challenges, therefore the governance and regulation of AI have garnered significant global attention. India has adopted a mission-driven, flexible approach without formal legislative or strategic endorsement.
- Absence of a National Strategy: India neither has an officially approved National AI Strategy document nor a law specifically regulating AI.
- NITI Aayog document titled ‘National Strategy for Artificial Intelligence’ from 2018 remains a recommendation without formal endorsement from the Government of India or an implementation plan or budget.
- Mission-based framework: Instead, India has focused its resources on a government mission (IndiaAI Mission) which focuses on Innovation, Skill development, Trustworthy, safe AI ecosystem and several initiatives, such as a foundational AI model.
- Expert Advisory Committee: An advisory group of experts is currently working to develop recommendations for governance frameworks that could be suitable for India. But there is limited clarity regarding whether these recommendations will be adopted into official governance policies or integrated as internal mechanisms.
Analysis of India's Approach
India's current approach has many benefits like the flexibility to adapt plans in response to the evolving nature of technologies, their adoption, geopolitics, economics, trade, and citizen sentiments. However this approach leaves significant gaps:
- It does not provide a comprehensive view of India’s vision, priorities, capacity, achievements, planned milestones, initiatives, or accountability mechanisms.
- AI efforts lack institutional continuity or a constitutional mandate. Initiatives remain reactive and may or may not follow a planned trajectory towards the envisioned goals.
- Crucial sectors such as healthcare, education, banking, and governance are deploying AI tools without public transparency regarding their functioning or impact.
- Absence of public awareness, civic dialogue, and oversight mechanisms on issues like algorithmic fairness, data origins, or labour disruptions heightens the risk of societal harm.
This concern is further aggravated by past instances in India where AI-generated content on social media incited violence, underscoring the urgent need for ethical and accountable AI governance.
What can be India’s Approach?
- Globally, countries have adopted varied models for AI and data governance.
- Digital Personal Data Protection (DPDP) Act 2023 represents a centralised, cross-sectoral model, similar to the EU’s GDPR and China’s PIPL, offering a strong foundation for future AI regulation.
- The U.S. follows a decentralised, sector-specific approach.
- China has enacted AI-specific laws for targeted technologies like generative AI and deep synthesis.
- India could adopt any of these models or design a hybrid framework.
Also Read: Artificial Intelligence and its Regulation
India should aim to formulate a comprehensive AI policy that outlines a national vision, ethical guidelines, capacity-building strategies, governance mechanisms, and sectoral priorities. This would enable the government to pilot regulatory tools, initiate civic discourse and pave the way for formal legislation.