CLASS SEMINAR

“THE URGENCY OF LEGAL FRAMEWORK FOR

ARTIFICIAL INTELLIGENCE IN INDIA”

In partial fulfilment of B.A LL.B five years course

Submitted by:
Kanchan Mehra

Roll no: 1751

5th Year (9th Semester) Session: 2021-22
 ABSTRACT

With greater explorations into the space of AI, the world is moving towards a goal of near-
complete automation of services. AI is a global technological wave and there’s no disputing fact
that it has entered the Indian market; Personalised chatbot have flooded the market, AI has
forayed into the medical stream and it is also being used to protect the cyberspace, smart
assistants like Alexa, Natural Language Processing (NLP) to process sentence formation and
emotions or even Machine Learning platforms have entered.

Hence there are possibilities of problems with AI like, in the course of communicating with the
chatbot, if a person were to divulge sensitive personal information for any reason whatsoever,
what happens to this data? AI is yet to have a guidepost, be regulated or even be legally
understood. For example- Sophia is awarded citizenship under the laws governing citizens of
Saudi Arabia, Will she be permitted to drive? Will she be allowed to purchase property? If she
commits a crime, what punishment would be awarded? What happens in case of autonomous car
accidents, who is responsible for damage to property or harm caused or death of a person? These
are some questions, which are only going to resolve, when we have a proper legal framework to
deal with them.
Overall our laws will eventually need to be amended or new laws for AI technologies and
processes will need to be adopted to fill up existing lacunae in the growing AI space. However,
before taking up this arduous task, it would be simpler to form the basic guidelines which should
be met on a national level for any AI activity – indigenous, foreign or even modifications to an
open source AI. The guidelines would serve as the foundation for any amendments in the laws
or brand new AI laws.
 CONTENTS

HEADINGS Page No.

Introduction 4

What is Artificial intelligence? 4

Recent development of artificial intelligence in India 5

Global measures 6

What is the need of artificial intelligence in India? 7

Challenges involved in developing a legal framework 9

for artificial intelligence

What are the legal issues relating to Artificial 12

intelligence?

Artificial intelligence Policy progress in India 13

What should be the priority of the government while 13

coming up with a legal framework for artificial
intelligence?

Conclusion 14

3
THE URGENCY OF LEGAL FRAMEWORK
FOR ARTIFICIAL INTELLIGENCE IN INDIA

INTRODUCTION
During mid 20th century, it was found that the Brain was electric network of neurons and then it
was decided that the computer scientists are capable of constructing a human brain. AI is a part
of digitization and it is said that digitization is the 4th industrial revolution. AI has entered our
lives and we are all enjoying the benefits of AI. So, there is increasing utility of the artificial
intelligence in various sectors in India and also in the global world. Thus, it is very important to
formulate a legal framework in order to regulate the artificial intelligence.

WHAT IS ARTIFICIAL INTELLIGENCE?

John McCarthy, in the mid-1950s, coined the term “Artificial Intelligence” which he would
define as “the science and engineering of making intelligent machines”. He is widely
recognized as the father of Artificial Intelligence.1 

Artificial intelligence is also called 'Machine intelligence or Computer intelligence’. This is

the intelligence demonstrated by the machines as contrast to the natural intelligence
demonstrated by the humans and animals.

Basically, artificial intelligence is the intelligence of machines to perform similar functions to

that of a human being.

Artificial Intelligence may also be defined as using technology to automate tasks that “normally
require human intelligence”.2

AI Covers Terms Like-

 Machine learning: Here computers learn from data. It recognizes the patterns in the
data and make predictions once new data arrives.
1
Andy Peart, Homage to John McCarthy, the father of Artificial intelligence, Artificial Solutions, (Oct 9, 2021,
10:34 AM), https://www.artificial-solutions.com/blog/homage-to-john-mccarthy-the-father-of-artificial-intelligence
2
Ida Arlene Joiner, Artificial Intelligence: An Overview, Science Direct, (Sept 23, 2021, 09:54 PM),
https://www.sciencedirect.com/topics/social-sciences/artificial-intelligence

4
  Deep learning: It describes algorithms that analyse data with a logic structure similar to
how a human would draw conclusions. Example- Facial recognition and voice
recognition.3
 Algorithms: It’s a series of instructions telling a computer how to transform a set of facts
about the world into useful information.4

Daily uses of Artificial intelligence:-

1. Smart phones with face id.

2. Social media like Instagram, Twitter, Facebook are part of artificial intelligence. We are
prompted by machines, what interests you, what would we like to see.
3. AI helps in spell check in mails, WhatsApp & messaging and also prompt us what should
be the next word.
4. When Google is opened, ads that follows us is because computer is knowing about us,
our dislikes, likes on the basis of anticipation upon the previous history.
5. Siri, Alexa, Natural language processing made predictions.
6. Smart equipment- Smart thermostats in ACs tells us what temperature one needs, smart
refrigerators tells us that our stocks of vegetables, drinks are over or spoiled.
7. Travels aids- taxis, cars using Google maps.
8. Banking is all done by computers on fingertips.
9. Shopping websites like Myntra, Amazon recommends us clothes because of previous
histories on their websites.
10. Netflix- 80% of the movies we watch, are on the recommendations made by the Netflix.
It’s all because computer knows everything.5

RECENT DEVELOPMENTS OF ARTIFICIAL INTELLIGENCE IN INDIA

 In Kerala, Kerala police inducted a robot (KP-Bot) for police work.6

3
Arne Wolfewicz, Deep Learning v Machine Learning: What’s the difference?, Levity.ai, (Oct 1, 2021, 10:00 AM),
https://levity.ai/blog/difference-machine-learning-deep-learning
4
Jory Denny, What is an Algorithm? How computers know what to do with data? The conversation, (Sept 25, 2021,
08:59 PM), https://www.google.com/amp/s/theconversation.com/amp/what-is-an-algorithm-how-computers-know-
what-to-do-with-data-146665
5
Bernard Marr, The 10 Best examples of How AI is already used in our everyday life, Bernard Marr & Co., (Oct 7,
2021, 05:56 PM), https://bernardmarr.com/the-10-best-examples-of-how-ai-is-already-used-in-our-everyday-life/
6
Rejith Balakrishnan, Kerala Police induct first ever robot into their force, Times of India, (Oct 2, 2021, 05:54
PM), https://m.timesofindia.com/city/thiruvananthapuram/kerala-police-induct-first-ever-robot-into-their-

5
  In Chennai, a robot theme restaurant is opened where robotic waiters serves the food to
the customer and interact with customers in both English, Tamil and Hindi.7
 In Ahmedabad (Gujarat), Cardiologist performed the world's first inhuman tele robotic
coronary intervention on patient, who was 38 Kms away.8
 Research has been done in medical science, where cancerous cells are being identified
by AI.9

This displays that, artificial intelligence has become an inherent part of life of human beings in
India.

GLOBAL MEASURES

With the emerging utility of the artificial intelligence, different nations around the world have
started framing legal regulation.

 Brazil has approved a bill that sets out legal regulations for AI. Bill outlines guidelines
to develop and utilize AI. The bill will regulate transparency regarding the utilization &
promote the creation of AI for the public sector, and require the “adoption of regulatory
instruments that promote innovation.”10

 In USA, discussions have been started to formulate laws regarding artificial

intelligence.11
 In European Union, GDPR made a regulation where there is a right to be left alone and
right to be forgotten and is now substitute to right to be erased.12
force/amp_articleshow/68075213.cms
7
In this Chennai restaurant robot waiters serve, speak to them in English and Tamil, India Today, (Sept 19, 2021,
08:54 AM), https://www.google.com/amp/s/www.indiatoday.in/amp/india/story/in-this-chennai-restaurant-robot-
waiters-serve-customers-speak-to-them-in-tamil-and-english-1449122-2019-02-06
8
Gujarat doctor performs world’s first telerobotic coronary intervention, The Tribune, (Sept 28, 2021, 03:34 PM),
https://www.google.com/amp/s/www.tribuneindia.com/news/archive/nation/gujarat-doctor-performs-worlds-first-
telerobotic-coronary-intervention-693852
9
Deep learning algorithm does as well as dermatologists in identifying skin cancer, Stanford News, (Sept 23, 2021,
05:34 PM), https://news.stanford.edu/2017/01/25/artificial-intelligence-used-identify-skin-cancer/
10
Tahira Mohamedbhai, Brazil lawmakers approve bill regulating the artificial intelligence, Jurist, (Oct 14,2021,
08:07 PM), https://www.jurist.org/news/2021/10/brazil-lawmakers-approve-bill-regulating-artificial-
intelligence/#:~:text=Brazil's%20House%20of%20Representatives%20has,and%20utilize%20AI%20in
%20Brazil.&text=AI%20can%20predict%20and%20make,into%20computer%20systems%20and%20machines.
11
Regulation of Artificial intelligence, Wikipedia, (Sept 29, 2021, 10:30 PM),
https://en.m.wikipedia.org/wiki/Regulation_of_artificial_intelligence
12
Ramit Mehta and Tejash Bhandari, Right to be forgotten: A critical and comparative analysis, The Daily
Guardian, (Oct 5, 2021, 07:45 AM), https://www.google.com/amp/s/thedailyguardian.com/right-to-be-forgotten-a-

6
  In UK, new law, the Data Protection Act 2018, identifies certain things which can’t be
published unless previous consent is there.13

 The Information Commissioner’s Office (ICO) in the UK published a paper on big

data, artificial intelligence and machine learning in March 2017.14

 Google has released their Ethical principles for AI at Google in 2018.15

 In Germany, Government have come up with ethical rules which says, that human life
has given utmost priority over any property.
 And other countries like China, Japan, Korea are also following the lines of Germany.

So, it’s clear from these countries who are developing AI and utilising AI in different box of
lives, they are also coming up with legal framework in order to regulate the utility of AI in
everyday life.

WHAT IS THE NEED OF ARTIFICIAL INTELLIGENCE IN INDIA?

1. ARTIFICIAL INTELLIGENCE AND LAW- Richard Eric Susskind said AI,

sooner or later is going to throw lawyers out of their jobs. He wrote on 'online courts'.
His theory is that, ‘a patient doesn’t need a doctor, he needs his cure', so, if a machine
is curing me i don’t have a problem. He said, we want to cure and not the agent for cure,
likewise, if access to justice is made easier, then why we need lawyers?
At present, Online courts are only being utilised for production of accused from jail or
recording expert evidence of persons, who can’t come to court and it stops with that. He
says a day might come, where a person will approach a court and he would send his

critical-and-comparative-analysis/%3famp=1
13
UK Data Protection Act, 2018, Cookiebot, (Oct 3, 2021, 04:56 PM), https://www.cookiebot.com/en/data-
protection-act-2018/
14
Marcus Evans, UK Information Commissioner Updates Paper on Big Data, Artificial Intelligence, Machine
Learning, and Data Protection, Data Protection Report, (Sept 29, 2021, 04:56 PM),
https://www.dataprotectionreport.com/2017/03/uk-information-commissioner-updates-paper-on-big-data-artificial-
intelligence-machine-learning-and-data-protection/
15
Jillian D' Onfro, Google promises not to use A. I. For weapons or surveillance, for most of the part, CNBC, (Oct
6, 2021, 10:04 AM), https://www.google.com/amp/s/www.cnbc.com/amp/2018/06/07/google-ai-ethical-
principles.html

7
 papers to Court and his paper are processed & automated through artificial intelligence &
a judge, if at all is necessary, will delivers orders online.16
As of now, some countries like Canada, Brazil use artificial intelligence for minor
traffic offences, matrimonial matters.
Artificial intelligence is being used by number of law firms to get the prediction of, what
would be a result of a case, if the matter goes to the court, on the basis of the facts of the
particular case. For example, Case cruncher Alpha was born as a Chatbot who merely
answered legal questions but can now predict the outcome of cases. It has the potential to
expedite court decisions and outcomes.17
In China, about three provinces, have 24/7 Courts where you can file a petition and you
will get a judgement.
In India, the Chief Justice of India has made a statement in 2019 that, judgements of
court have to be made accessible to the public. He was speaking of translation of all the
judgements delivered by the courts vernacular languages from English. Supreme Court
Artificial Intelligence Committee is going to develop a programme, in which artificial
intelligence utilization will be for administration purposes and for hastening the process
of administration of justice.18
There are nearly 4.4 crore cases pending in Indian courts. Thus, solution is deploying
artificial intelligence (AI). SUVAS (Supreme Court Vidhik Anuvaad Software) and
SUPACE (Supreme Court Portal for Assistance in Courts Efficiency) have been
developed in 2019. SUVAS, a tool to process language, is already being used to translate
SC judgments into regional languages. And SUPACE, a composite AI-assisted tool, is
being used by legal researchers, judicial officers and judges; it will read case files, extract
relevant information, draft case documents and manage apportioning of work. If facts and
arguments relevant to judging a particular case are intelligently presented to SUPACE,
it’ll be done in a matter of seconds. The SUPACE system also includes a chatbot that
can give the overview of a case, respond to elementary questions, while switching

16
Richard Eric Susskind, Online Courts and Future of Justice, Richard Susskind, ( Sept 28, 2021, 12:45 PM),
https://www.susskind.com/
17
Artificial intelligence Law, Michaelson, (Oct 8, 2021, 09:45 AM), https://www.michalsons.com/focus-areas/robot-
law/artificial-intelligence-law
18
Justice L. Nageshwararao, Artificial intelligence and the law, Shyam Padman Association, YouTube▶️, (Sept 19,
2021, 5:54 AM).

8
 between documents and prompting further questions to sharpen the user’s understanding
of a matter; refining responses to both factual and contextual questions.19

2. ROAD TRAFFIC CONTROL- A total of 4,37,396 road accident cases were reported &
the fatalities in these accidents are 1,54,732 in 2019.20 The 90% of deaths are happened
because of human errors. So, they are highly preventable in nature. Here, AI has a
significant role. How? The autonomous vehicles that are the self driving vehicles, they
rely on artificial intelligence and thus can reduce the number of accidents & deaths
significantly through providing smart warnings, preventive & defensive technology.21

3. IN MEDICAL FIELD- Artificial intelligence has significant role to play in the medical
field. Those patients who does not have access to specialized doctors or can’t afford
them, can make use of artificial intelligence by reducing the distance of between patients
and doctors, as we have seen in Ahmedabad example.
If the government takes proper intervention, artificial intelligence can be properly
deployed in order to connect doctors and patient which will reduce the distance between
them and also increase the accessibility for the patients.22

So, in previous examples, we can see that, there is a positive application of artificial intelligence.
But, this artificial intelligence need to be regulated properly. If not regulated properly this can
have unmanageable implications.

CHALLENGES INVOLVED IN DEVELOPING A LEGAL FRAMEWORK

FOR ARTIFICIAL INTELLIGENCE

19
AI for judiciary will help reduce the pendency of cases, Financial Express, (Sept 30, 2021, 09:34 PM),
https://www.google.com/amp/s/www.financialexpress.com/opinion/ai-for-judiciary-will-help-reduce-pendency-of-
cases/2234783/lite/
20
CHAPTER – 1A TRAFFIC ACCIDENTS, NCRB, (Oct 5,2021, 3:45 PM), https://www.google.com/url?
sa=t&source=web&rct=j&url=https://ncrb.gov.in/sites/default/files/Chapter-1A-Traffic-
Accidents_2019.pdf&ved=2ahUKEwiwm-v-
ybzzAhXXfn0KHZWsCckQFnoECAQQBg&usg=AOvVaw1yuBAEBW13cMoHjsaQ35VM
21
Lance Eliot, Essential Stats for justifying & Comparing self driving cars to Humans at the Wheel, Forbes, (Oct
11,2021, 4:23 PM), https://www.forbes.com/sites/lanceeliot/2019/05/30/essential-stats-for-justifying-and-
comparing-self-driving-cars-to-humans-at-the-wheel/?sh=78ad490846ed
22
Abhimanyu S. Ahuja, The impact of AI in the medicine for the future of the physician, NCBI, (Oct 12,2021, 3:21
PM), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6779111/

9
  The biggest challenge would be on predicting and analysing legal issues with regards to
artificial intelligence.

Let us take an example of autonomous cars which are self driven cars which uses artificial
intelligence. Suppose an autonomous car met with an accident. Who is held responsible and
liable for this accident? The machine can't be held liable. So, such questions arises and this is the
challenge in developing a legal regulation for artificial intelligence.

Another example, suppose a robot is performing a surgery and all of a sudden electricity
supplies stop, so without an access to doctor, the situation could become very complicated & it
will be dangerous for patients. Thus, artificial intelligence technology should be guided through
a proper mechanism because this is a kind of disruptive technology.23 Therefore, proper legal
framework should be adopted to deal with these kind of situations.

Drones- Somebody is flying a drone and it comes and hits a person and causes an injury. Here,
who should be made liable for accident caused by drone.24

 Ethical issues- There is a complaint of biasness because AI operates on data feed into
the computer. There might be a bias on the part of a particular class of people who put a
data into the computer. For example, Recidivism, which means person committing crime
again and again. In USA, a study was done as to nature of the people who are likely to
commit crime again and the answer given by the computer is, it’s blacks. Analysis was
done and it was found that the data that is fed on the computer is the reason why answer
is black. Which means AI might be misused by feeding certain information which might
cause concerns of biasness.25
 Issues regarding Privacy- Privacy is defeated by artificial intelligence because
computer knows everything about you then your wife. Everything we do on computer is

23
G. S. Bajpai & Moshina Irshad, AI-driven tech will become counterproductive if a legal framework is not devised
to regulate it, The Hindu, (Oct 13,2021,4:34 PM), https://www.google.com/amp/s/www.thehindu.com/opinion/op-
ed/artificial-intelligence-the-law-and-the-future/article27766446.ece/amp/
24
Justin, I was injured by a drone-Who is liable for damages?, Liserlawfirm, (Oct 10,2021,3:32 PM),
https://lieserlawfirm.com/i-was-injured-by-a-drone-who-is-liable-for-the-damages/
25
Rebecca HeHeilweil, Why Algorithms can be racist and sexiest?, Vox, (Sept 29,2021, 4:56 AM),
https://www.google.com/amp/s/www.vox.com/platform/amp/recode/2020/2/18/21121286/algorithms-bias-
discrimination-facial-recognition-transparency

10
 known to the computer. Privacy is intruded by gathering all this data and then assessing
you.26

In Carpenter vs US, 2018, the concern was raised by mobile company, when they were asked to
release information pertaining to Carpenter, who committed a robbery in a mobile store and then
stole away a number of smart phones. He was tracked on the basis of smart phones and the state
asked the mobile companies to reveal the information about him, the company denied to do so
but, ultimately they have to and as a result the conviction was made. This matter goes to
Supreme Court in USA and the Supreme Court held that, “anything that is done by asking for
surveillance of the mobile phones would be not possible without a warrant because it intrudes
into the privacy of individuals”.27

Justice Kuldip Singh in People’s Union for Civil Liberties v. Union of India, 1973, held that
right to hold a telephone conversation in the privacy of one’s home or office without interference
can certainly be claimed as right to privacy. Hence, phone tapping amounts to violation of one’s
privacy.28

Nine-judge bench in K.S. Puttaswamy v. Union of India in 2017 held that right to privacy is a
fundamental right and it will not lose its status amongst the Golden Trinity of Article 14 (Right
to Equality), Article 19 (Right to Freedom) and Article 21 (Right to Life and Personal Liberty).29

 Retargeting- if you are doing something in your mobile phone or computers, you are
retargeted as an object, to tell you that, these are your preferences. For example, Netflix
gives us recommendations after we finished a movie or a series.30

Artificial intelligence is also used to build up public opinion in the political platform by
retargeting.

For example- In US 2016 Presidential elections, allegations were made against Donald
Trump, that with the corporation of the Russian agencies, there was a smear social media
26
Cameron F. Kerry, Protecting privacy in AI driven world, BROOKINGS, (Oct 12,2021,3:56 PM),
https://www.google.com/amp/s/www.brookings.edu/research/protecting-privacy-in-an-ai-driven-world/%3famp
27
Sabrina McCubbin, Summary:The Supreme Court rules in Carpenter v. US, Lawfare, (Sep 30,2021, 5:54 AM),
https://www.lawfareblog.com/summary-supreme-court-rules-carpenter-v-united-states
28
People’s Union for Civil Liberties v. Union of India, AIR 1973 SC 157.
29
K.S. PUTTASWAMY (RETD) V.UNION OF INDIA. 2017 10 S.C.C
30
Danny Asling, 19 powerful ways to use AI in e-commmerce, Linnworks, (Oct 14, 2021, 4:56 PM),
https://www.linnworks.com/blog/artificial-intelligence-in-ecommerce

11
campaign going on against Hillary Clinton, which is building a number of texts etc. then
posting it up on social media, which involves securities concerns. The FBI started an
investigation in 2017 and it has already indicted few people who are already facing charges. All
this is because of the artificial intelligence is being used for the purpose of building a public
opinion on social media.31

Another case is of Cambridge Analytica- In which, the allegations were made against Mark
Zuckerberg, CEO of Facebook. The allegations are that the preferences of millions of people
in USA who were using Facebook were collected and on the basis their preferences, messages,
text are being sent to them, trying to build up an opinion in favour of Donald Trump in US
elections, 2018. Cambridge Analytica was also in the dock for utilising artificial intelligence for
the purpose of building up political opinion in favour of a candidate using social media for
improper causes.32

 Legal status of Artificial intelligence-

1. AI 'boy' Shibuya Mirai granted residency in central Tokyo, Japan. Japan has
now officially granted residence to artificial intelligence.33
2. Sophia is awarded citizenship under the laws governing citizens of Saudi Arabia
in November 2017.34

So, What Are The Legal Issues Relating To Artificial Intelligence?

 Are Robots capable of committing a crime and who will monitor this? Is there a
need for legal requirements in code writing to ensure that robots behaves within
the law? What will be the punishment for robots to commit a crime?

31
Abigail Abrams, Here’s what we know so far about Russia’s 2016 meddling, Time, (Sept 30,2021,11:56 AM),
https://www.google.com/amp/s/time.com/5565991/russia-influence-2016-election/%3famp=true
32
Carole Cadwalladr & Emma Graham Harrison, The Cambridge Analytica Revealed:50 millions fb profiles
harvested for Cambridge Analytica in major data breach, The Guardian, (Oct 12,2021, 4:54 PM),
https://www.google.com/amp/s/amp.theguardian.com/news/2018/mar/17/cambridge-analytica-facebook-influence-
us-election
33
Edwin, Japan grants citizenship to AI Robot, Medium, (Oct 23,2021,8:21 AM), https://377.medium.com/japan-
grants-citizenship-to-ai-robot-c06492f29109#:~:text=AI%20'boy'%20Shibuya%20Mirai%20granted%20residency
%20in%20central%20Tokyo&text=Following%20in%20the%20footsteps%20of,old%20boy%20named
%20Shibuya%20Mirai.
34
Robert David Hart, Saudi Arabia’s robot citizen is eroding human rights, QUARTZ, (Oct 14, 2021, 5:45 PM),
https://www.google.com/amp/s/qz.com/1205017/saudi-arabias-robot-citizen-is-eroding-human-rights/amp/

12
  How will robots comply with the international humanitarian law given its
interaction with humans?
 Does the robots or its creator own the intellectual property it creates? If robots
creates new content outside of its code, whom does it belong to?
 Will data protection law be applied to robots?
 Would AI constitute a legal entity or would it have to adhere to legal social
control given its growing intelligence? 
 Can robots have rights in anything and would they will have the same rights as
natural persons?? 
 Must we grant all humanoids citizenship? Who is labile for the damages suffered
by people as a result of AI?
 How do we certify something that is not set? As AI is not set – it keeps on
evolving.
 How do we avoid discrimination made by AI?

 How do we regulate the use of automation and AI for marketing and propaganda
purposes, especially in the context of elections?35

ARTIFICIAL INTELLIGENCE POLICY PROGRESS IN INDIA

1. NITI Aayog has released a policy paper in June 2018, named as National Strategy for
Artificial Intelligence. It has highlighted the significance of artificial intelligence in
different sectors.36
2. National Programme on Artificial Intelligence which was proposed in Budget 2019.37

35
Artificial intelligence Law, Michalsons, (Oct 10, 2021, 09:45 PM), https://www.michalsons.com/focus-
areas/robot-law/artificial-intelligence-law#:~:text=Artificial%20Intelligence%20Law%20(AI%20Law,and
%20development%20of%20artificial%20intelligence.&text=But%20AI%20Law%20really%20refers,social%20and
%20of%20course%20technology
36
National strategy for Artificial intelligence, INDIAAI, (Sept 22,2021, 5:55 PM), https://indiaai.gov.in/research-
reports/national-strategy-for-artificial-intelligence
37
Prabhjote Gill, Budget 2019:The Indian Government is launching a national programme for development of
artificial intelligence, The Business Insider, (Oct 13, 2021, 12:45 AM),
https://www.google.com/amp/s/www.businessinsider.in/budget-2019-national-artificial-intelligence-
program/amp_articleshow/67788068.cms

13
Even though, there are such types of recommendations by NITI Aayog and the proposals from
the Government, there is no comprehensive legislation to regulate the growing industry of
artificial intelligence.

SUGGESTIONS / WHAT SHOULD BE THE PRIORITY OF THE

GOVERNMENT WHILE COMING UP WITH THE LEGAL
FRAMEWORK FOR ARTIFICIAL INTELLIGENCE

1. Legal professionals must include the developers of AI in the drafting process to address
the technical issues. 
2. There should be a legal definition for Artificial Intelligence.
3. We have to establish a Legal personality of artificial intelligence, which means that AI
will have a bundle of rights and obligations and these rights and obligations should be in
a consonance with India’s Criminal law.
4. There should be a Legal Scheme that will hold the producer and manufacturer of the
product liable for harm caused by machine or the artificial intelligence.
5. Privacy concerns- Privacy is the fundamental right. So, to protect the privacy as a
fundamental right certain rules that should regulate the usage of data that is possessed by
artificial intelligence entity should be framed.
6. Artificial Intelligence and its utility should be made a part of the Personal Data
Protection Bill, 2018.38
7. This is a global problem and we must address the development of AI law on a global
level – we need a new universal law. During its development, it may require amendments
to other laws and could result in changes to common law principles.

CONCLUSION

Several thought leaders have raised their concerns concerning the utility of AI and the harm it
may cause to the humankind. The contemporary artificial intelligence laws cannot regulate the
use, manufacturing, behaviour, and responsibility of AI. Although there is a need to implement

38
Artificial intelligence how it works? Why India needs a legal framework for artificial intelligence, StudyIQ,
YouTube▶️, (Oct 14,2021, 11:56 PM).

14
regulations, how and to what extent AI should be regulated is difficult to grasp given its
expeditious development. A balance between protection and innovation will need to be found.

Based on the warnings from thought leaders like Elon Musk and Bill Gates, we cannot ignore
their concerns. Considering the representation of AI in Hollywood movies it’s questionable
whether AI will cause the end of the world. So, we need a proper legislation in order to regulate
the growing artificial intelligence industry because of the utility & the application of artificial
intelligence is growing in leaps and bounds. Now, it’s high time that Government should come
up with the comprehensive legislation to deal with AI.

15