LEGAL ASPECTS OF ARTIFICIAL INTELLIGENCE IN INDIA: THE MISSING STATUTORY RIGHT AGAINST AUTOMATED DECISION-MAKING

The focus of this article is the increasing use of algorithms in various spells of life including welfare assistance and bank lending, and asks if Indian laws have any mechanisms to cope with it. The review of the country’s fragmentary legislation concerning artificial intelligence is carried out by analyzing the Information Technology Act, possible intellectual property conflicts, and the Digital Personal Data Protection Act enacted in 2023. This analysis is also compared with that of the EU with its approach to decision making based on the use of algorithms which brings to light the conflict between practical effectiveness and the norms for a just and fair approach. Finally, this blog will analyze whether India may adopt a more lenient approach to regulation without the need to work out a complex AI legislation package.