REGULATION OF ARTIFICIAL INTELLIGENCE IN INDIA: LEGAL PERSONHOOD AND LIABILITY

Abstract

The cutting-edge Artificial Intelligencetechnologies open a whole gamut of opportunities and threats raising ethical, legal and moral concerns.The increasing interaction of the Artificial Intelligence (AI) system with the human and natural environmentrequires us to be prepared to address any damage or legal injury resulting therefrom. The current regulatory framework at the national andinternational level is inadequate to address and govern thearray of ethical and legal issues that AI poses today or will pose in the near future.Currently, there is no legal framework governing AI in India. Based on jurisprudential and sociological constructs and theories, the paper analyseswhether conferring of legal personhood upon such AI entities under the Indian law may be appropriate to address liability issues.The paper discusses the existing regulatory framework at the international and national level which directly or indirectly applies to AI in the context of liability and development of a rights-respecting responsible AI. Drawing from the best practices of the USA, European Union and China, the paperoutlines the fundamental ethical parameters for AI design. This study seeks to encourage discussion to appraise the readiness of the government, consumers, market, andthe legal framework in addressing the legal, ethical and moral issues surrounding the AI system