- India’s AI governance currently relies on non-binding "soft law" guidelines that prioritize development over mandatory transparency or human rights impact assessments.
- State-led AI deployment, particularly in surveillance and welfare, is increasingly impacting marginalized communities and civic space.
- Experts and human rights organizations argue for legally binding legislation to address bias, accountability, and the risks of digital authoritarianism.
Current State of AI Governance
- India lacks a dedicated, binding AI statute, utilizing existing frameworks like the IT Act and the 2025 Data Protection Rules.
- The "Artificial Intelligence (Ethics and Accountability) Bill, 2025" has been proposed but not enacted; it aims to introduce mandatory ethical reviews and grievance mechanisms.
- MeitY’s current "IndiaAI Mission" emphasizes "Safe & Trusted AI" through voluntary projects, which critics argue lack the teeth of effective, enforceable oversight.
Pervasive Surveillance Infrastructure
- During the February 2026 India AI Impact Summit, Delhi was transformed into a "digital fortress" using 4,000+ AI-enabled cameras and 32 control rooms for real-time monitoring.
- Project Panoptic, led by the Internet Freedom Foundation (IFF), has tracked over 120 government contracts involving facial recognition technology across India.
- The "DigiYatra" aviation app has faced criticism for weak data security and opacity, as the Digi Yatra Foundation is largely controlled by private entities, exempting it from the Right to Information Act.
Impact on Vulnerable Populations
- AI-driven facial recognition in the "Poshan Tracker" welfare app has led to the denial of food benefits for millions of women and children, as the system fails to account for appearance changes due to aging, pregnancy, or illness.
- Biased algorithms disproportionately affect those with darker skin tones and those relying on low-end hardware, exacerbating existing social inequalities.
- Similar surveillance technologies are being deployed in schools for exam proctoring, raising concerns over constant monitoring and privacy intrusion.
Calls for Reform
- Human rights bodies like Amnesty International and the Freedom Online Coalition advocate for mandatory human rights due diligence and the banning of invasive biometric surveillance.
- Advocates call for specific, enforceable legislation that mandates public disclosure of AI data training sets, error rates, and accountability structures.
- There is a growing consensus that human rights, rather than being an afterthought, must be integrated into the fundamental design of AI systems.