Tejaswini Kaushal
During the August 2023 B20 Summit, Prime Minister Modi advocated for a global framework to address the ethical use of artificial intelligence. He urged the implementation of a legislation in India to counteract the concerns of algorithmic bias. This discourse on algorithmic bias, especially in the context of a diverse nation like India, is not new. Union Minister Chandrasekhar had proposed a Bill to foster algorithmic accountability way back in 2019, prompted by Facebook’s role in promoting hate speech and misinformation. This imperative is also rooted in the necessity to uphold the ‘Golden Triangle’ principles of the Indian Constitution, currently jeopardised by the prevalent biases in algorithms adopted not only by the private actors,but even in the government sectors for predictive policing and facial recognition. Rampant violations of the right to equality under Article 14, freedom of expression under Article 19), and the right to privacy under Article 21 of the Indian Constitution have become evident in a plethora of recent instances of algorithmic bias. However, the prevailing laws like the Information Technology Act 2000 and the Digital Personal Data Protection Act 2023, fall short of adequately addressing algorithmic accountability. By comparing legislative measures in Europe and North America to mitigate algorithmic risks, this article proposes a strategy for India to include legislative recognition of algorithmic biases and the enactment of a comprehensive anti-discrimination and equality law. It serves as a call for action, underscoring the critical need for legislative intervention to safeguard India’s Constitutional principles in the face of challenges posed by Artificial Intelligence (AI) and algorithmic decision-making in the evolving digital landscape.
