India's Journey in A.I. Regulation: Balancing Tradition and Technology

In an era dominated by Artificial Intelligence (AI), there's no denying its profound impact on how we work and live. AI's ability to harness data from diverse online sources and generate seemingly creative solutions is unparalleled. Yet, this dual-edged sword necessitates careful regulation.

Governments worldwide are wrestling with the complexities of AI regulation. Prominent strides have been made in the European Union (EU), Brazil, Canada, Japan, and China. However, the approaches taken in the West and the East are fundamentally distinct.

East's Intuitive Approach vs. West's Precise Postulation

Western systems, rooted in Eurocentric jurisprudence, adopt a risk-based approach. They categorize AI applications into "unacceptable risk," "high risk," "limited risk," and "low risk." Prohibited activities are defined for the highest risks, while clear regulations guide the operation of AI for lower risks.

Conversely, the Eastern model, exemplified by Japan and China, prioritizes principles over rigid rules. Japan's "Social Principles of Human-Human-Centric AI" underscores human-centricity, education, data protection, safety, fairness, accountability, transparency, and innovation. Chinese regulations emphasize adherence to laws, social morality, and ethical values.

This distinction between East and West can be traced back to underlying legal theories. Western legal systems are "postulative," dictating precise actions and penalties, while Eastern systems are "intuitive," focusing on desired outcomes and moral values, allowing subjects to discern appropriate means.

India's AI Regulation Dilemma: Balancing Tradition and Technology

India, with its rich history of legal systems that blend moral codes with legal principles, faces a crucial decision in AI regulation. Does it blindly emulate the West with complex regulations and punitive measures, or does it draw inspiration from its roots?

Retired Supreme Court Justice V. Ramasubramaniam has urged India to break the pattern of emulating Western legal systems. He encapsulated this sentiment in his judgment on cryptocurrency, invoking the Sanskrit adage "neti neti" – meaning "it is neither this nor that."

As India grapples with AI regulation, the NITI Aayog's discussion papers have predominantly referenced Western models. However, it's essential for India to craft regulations that resonate with its unique ethos, one deeply intertwined with its history and culture.

In an age where AI's influence continues to expand, India must strike a balance between embracing technological progress and preserving its intrinsic values. The time is ripe for India to take the lead and pave its path in AI regulation, one that is consistent with its heritage and tailored to meet its future needs. India must look to its roots while embracing the possibilities of AI to chart its course towards a harmonious future.