The need for an Indian system to regulate AI

Source: The post is based on the article “The need for an Indian system to regulate AI” published in The Hindu on 31st August 2023.

Syllabus: GS 2- Governance – government policies for various sectors

News: In this article, the author talks about AI regulation differences in the West and East. They highlight how the West uses risk-based rules, while the East prioritizes values and morality. The author suggests India should make regulations based on its own culture and laws, rather than copying the West.

What are the major differences in AI regulation between the Western and Eastern worlds?

Western World:

Risk-Based Approach: Western regulations categorize AI applications based on risk, e.g., the EU has ‘unacceptable risk’, ‘high risk’, ‘limited risk’, and ‘low risk’.

Specific Guidelines: They provide explicit rules on what must be done and set penalties for non-compliance. For instance, the EU specifies prohibited activities for ‘unacceptable risks’.

Eurocentric Jurisprudence: Rooted in a Eurocentric view of law, they focus on clear rules and punishments for violations.

Eastern World:

Value-Centric Approach: Asian countries like Japan and China focus on the values and ends, that AI should uphold and achieve.

Intuitive Regulations: The laws indicate desired outcomes and underlying moral principles. For example, Japan’s “Social Principles of Human-Human-Centric AI” highlights principles society and the state should respect.

Blend of Law and Morality: Eastern regulations often merge legality and morality. China’s regulations emphasize respecting social morality and ethics while using AI.

What needs to be done by India?

Avoid Mimicking the West: The author advises against copying Western models of AI regulation, as emphasized by NITI Aayog’s references to Western countries.

Embrace Eastern Ethos: India should look to its cultural and legal traditions. Eastern models, like Japan’s and China’s, offer potential guidance.

Reconnect with Roots: Drawing from ancient Indian legal systems, which centered on end goals and moral values, can be invaluable.

Consider Judicial Perspectives: Justice V. Ramasubramaniam’s judgments suggest that Indian regulations should include traditional Indian concepts, such as the Sanskrit epigram “neti neti,” to contextualize them. This implies that India’s approach wouldn’t rigidly follow either Western or Eastern models but would discover its own balanced and distinctive path.