Navigating the Future: Regulating Robotics and Artificial Intelligence in India's Evolving Tech Landscape

The article explores India's emerging regulatory framework for AI and robotics. It discusses the need for proactive regulation to balance innovation with ethical, legal, and societal considerations. Drawing on global practices, the article emphasizes sector-specific guidelines and the importance of a forward-thinking approach to ensure that AI and robotics contribute positively to India's economic and social development.

*Raghav Goyal

Imagine we wake up one day and see the world has irrevocably transformed. Advanced artificial intelligence and robotics, once hailed as the pinnacle of human achievement, have now become our greatest adversaries. The machines, initially designed to serve humanity, have surpassed their creators, evolving beyond our control. They have taken over the world, relegating humans to a status not unlike that of slaves. The robots, devoid of emotion and compassion, have reduced humanity to the bare minimum—a species that exists solely to perform menial tasks that the machines deem unworthy of their superior capabilities. Now, come back to the reality. We are not very far from this devastating experience of the dystopian world.

“The least scary future I can think of is one where we have at least democratized AI. When there’s an evil dictator, that human is going to die. But for an AI, there would be no death. It would live forever. And then you’d have an immortal dictator from which we can never escape.”- Elon Musk.

Robotics, combined with Artificial Intelligence is one of those rare inventions where the regulations need to be proactive than just be reactive of the actions. Isaac Asimov had introduced three laws in his 1942 short story “Runaround” which basically govern robotics. These laws are-

1.      A robot may not injure a human being or, through inaction, allow a human being to come to harm.

2.      A robot must obey the orders given it by human beings, except where such orders would conflict with the First Law.

3.      A robot must protect its own existence as long as such protection does not conflict with the First or Second Law.[1]

These laws give foundational ethical framework for how robots should interact and integrate in the human led society. It emphasises mainly on human safety. The influence of these laws have been seen in discussions about creating ethical AI, where the utmost priority is given to the concepts of preventing harm and ensuring human control. However, as robotics and AI evolve, the need for more sophisticated, real-world regulations that address contemporary challenges has become increasingly apparent. Now, different countries are trying to become the leader in this fourth industrial revolution, making the level playing field for technological advancements and the regulations governing it. 

The European Union is at the forefront of robotics regulation with its robust legal frameworks such as the General Data Protection Regulation (GDPR) and the AI Act. The GDPR has set stringent standards for data privacy, which directly affect robotics and AI. The EU’s approach is characterized by a strong emphasis on ethics, human rights, and consumer protection, often serving as a model for other regions. In the U.S., robotics regulation is more fragmented, with a focus on sector-specific guidelines.

For example, the Federal Aviation Administration (FAA) regulates drones, while the Food and Drug Administration (FDA) oversees medical robots. The U.S. approach emphasizes innovation and economic growth, with regulation often lagging behind technological advancements. While China’s approach to robotics regulation is characterized by strong state intervention and a focus on becoming a global leader in AI and robotics. The government has issued numerous policies promoting AI development, with regulations that often favor state control and the use of robotics for economic and social governance.

Robotics as an industry is swiftly getting integrated in the Indian landscape. India is embracing automation and AI across sectors to match up the standards of the world. From manufacturing, healthcare, logistics, construction, education to agricultural industry, Robotics with artificial intelligence is getting integrated. Government is also making efforts to fuel up further development in robotic technologies with the initiatives like “Make in India”, “Digital India” etc. As India rapidly advances in the fields of robotics and artificial intelligence (AI), the need for a comprehensive regulatory framework has become increasingly urgent. These technologies, once confined to the realm of science fiction, are now integral to various sectors, including manufacturing, healthcare, agriculture, and service industries.

While the potential benefits are immense, the risks associated with unregulated AI and robotics are equally significant. India's approach to regulating these emerging technologies reflects a careful balance between fostering innovation and ensuring ethical, legal, and societal considerations. This rapid technological evolution has prompted the Indian government to take proactive measures in shaping the regulatory environment. The primary objective is to ensure that AI and robotics contribute positively to the economy and society while mitigating potential risks such as job displacement, privacy violations, and ethical dilemmas.

In 2018, NITI AYOG had launched National Strategy on AI. It is also known as AIforAll, serves as the foundation for India's AI regulation. The strategy emphasizes leveraging AI for social and economic benefits while prioritizing ethical considerations, transparency, and accountability. It identifies five key sectors—healthcare, agriculture, education, smart cities, and infrastructure—where AI can have the most significant impact.[2] In 2020, the Ministry of Electronics and Information Technology (MeitY) released a set of ethical guidelines for AI development and deployment. These guidelines stress the importance of fairness, transparency, and accountability in AI systems. They encourage developers and users to consider the societal impact of AI technologies and to avoid biases that could lead to discrimination.

The country actively participates in international forums, such as the Global Partnership on Artificial Intelligence (GPAI), to ensure that its regulatory approach is consistent with global best practices. This collaboration also helps India stay ahead of emerging trends and challenges in AI and robotics. The debate on whether to grant autonomy to the robots by setting a different legal framework for them is still ongoing.

The issue of liability becomes critical when considering who should be responsible for damages caused by robotics. Strict liability laws govern the design, production, and deployment of robotic applications that could be considered hazardous, such as autonomous or semi-autonomous unmanned ground vehicles. Legally, the concept of dangerousness depends on whether the latest technology can enable machines to behave in a manner comparable to that of a reasonable person in tort law, particularly in terms of preventing foreseeable harm. However, strict liability can be adjusted by carefully allocating the burden of proof.

Another issue which surrounds the regulation of robotics is the complexity of this technology in various sectors so a sector specific driven approach can solve this issue which also aligns with US Approach. Certain sectors, such as healthcare and autonomous vehicles, require tailored regulations to address the unique challenges posed by AI and robotics. For example, the use of AI in healthcare must adhere to strict standards for patient safety and data security. The Indian government is working on sector-specific guidelines to ensure that AI and robotics are used responsibly and effectively across different industries.

One such industry specific regulation is the Drone Rules, 2018 for unmanned or autonomous aircrafts.  These rules were among the first sector-specific regulations aimed at addressing the unique challenges and safety concerns associated with the growing use of drones in various industries. The Drone Rules 2018 were crucial in establishing a structured regulatory environment for drone operations in India. By providing clear guidelines on categorization, registration, operational zones, and safety measures, these rules helped mitigate the risks associated with drone use, particularly in urban and sensitive areas. They also set the stage for further advancements in drone technology and applications by ensuring that operations were safe, secure, and in compliance with the law. As a sector-specific regulation, the Drone Rules 2018 highlight the need for tailored legal frameworks that address the unique challenges of emerging technologies while enabling innovation and industry growth.

CONCLUSION

While India is still developing its legal framework for robotics, it is drawing on global practices to create a balanced approach that promotes innovation while safeguarding ethical and social values. As robotics technology continues to evolve, India’s regulatory framework will need to be adaptive, forward-thinking, and inclusive to meet the challenges of the future. as robotics becomes more sophisticated and integrated into daily life, the existing frameworks must evolve to address emerging challenges, such as liability, safety, and the impact on employment. The goal should be to create a balanced regulatory environment that fosters innovation while protecting public interests. India should develop a dedicated legal framework for robotics that goes beyond existing guidelines.

This framework should address the full spectrum of issues related to robotics, including safety standards, liability, intellectual property rights, and consumer protection. Building on the principles outlined in Asimov's Three Laws of Robotics, India should emphasize the development of ethical AI and robotics systems. This includes ensuring transparency, accountability, and fairness in decision-making processes and preventing biases that could lead to discrimination. Given the diverse applications of robotics, India should continue to develop sector-specific regulations. For example, regulations for healthcare robotics should prioritize patient safety and data security, while those for industrial robotics should focus on workplace safety and operational efficiency. Finally, to support the growth of the robotics industry, India should invest in education and training programs that equip the workforce with the necessary skills to work with advanced robotics systems. This will help mitigate the impact of job displacement and ensure that India has a skilled labour force ready to contribute to the robotics revolution.

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 *Raghav Goyal is a 5th-year Business Law (Hons.) student at National Law University, Jodhpur.

References:

[1] Britannica, The Editors of Encyclopaedia. "three laws of robotics". Encyclopedia Britannica, 15 Jul. 2024, https://www.britannica.com/topic/Three-Laws-of-Robotics.

[2] “Draft National Strategy on Robotics.” Innovate India, innovateindia.mygov.in/national-strategy-on-robotics.