The Pendulum of Artificial Intelligence (AI) - swinging between laws and their usage in India
Artificial Intelligence commonly referred to as ChatGPT, Gemini among others has become part of each household in India. However, the rampant growth of AI has brought challenges to secure individual’s fundamental rights and freedoms. Recent orders passed by the Delhi High Court in Anil Kapoor’s case and Aishwarya Rai Bachchan’s case highlighted the urgent need to protect individual’s rights. This paper discusses in brief the above-mentioned case laws and the issues brought to notice by the Indian courts. The paper also evaluates the existing laws and regulation and their sufficiency to regulate the algorithms i.e. AI. To strike a balance between technological advancement and individual freedom, digital literacy is recommended among users of all the age groups, which will be considered as an aurora point for the new age India. As a recommendation, along-side educating the mass about crossing the Laxman Rekha for using AI, existing laws also need to evolve to cater to a tech driven era.
Introduction
Who could have thought that there would be an era wherein human thinking would be delegated to Artificial Intelligence (“AI”). The World is moving towards writing a biopic on digital innovations. Artificial Intelligence has not only become a thinking brain but has also emerged as the new muscle power of every household, be it for professional use or education or for fun activities. However, the disclaimer associated with the usage of AI is- how much of it is to be trusted, or a better way of saying the same would be, how much data should be transmitted through the tools of AI.
In today’s world, data is the new age currency without which AI is merely an algorithm. Another question to deliberate upon is, who will be considered owner of the data produced by AI, on the inputs incorporated by the user. The new age definition of intellectual property rights needs to be devised to accommodate existence of AI too. Is AI infringing the intellectual property rights? Recently, the Indian judiciary has taken cognizance of the prevailing new threats to the individual’s constitutional rights and intellectual property rights.
Emerging Rights of individuals in the Digital Era
Judiciary has been a crucial institution in shaping the legal block of Indian society. In the year 2023, Mr. Anil Kapoori filed a suit before Delhi High Court to seek protection against usage of his personality traits, autographs, photographs etc. by the defendants Simply Life India and 19 others. All the defendants were involved in illegal acts, by using various attributes of Anil Kapoor’s personality for commercial purposes without his consent. The Court granted ex-parte injunction in favor of Mr. Anil Kapoor while taking cognizance of the fact that the right to protect intellectual property of an individual intersects with the constitutional right to privacy. Acts wherein images are being morphed and deep fakes are built to adversely impact an individual’s right to live with dignity and privacy, has become a moot point in today’s time. Similarly, former Ms. World Ms. Aishwarya Rai Bachchanii also moved court to seek a similar remedy against Aishwaryaworld.Com and others to protect her personality rights. In this case also, there were websites with the name of the actress creating a deception that the actress is either hosting such websites or is linked directly or indirectly with such websites, pages, brands etc. Delhi High Court granted ex-parte injunction in this case too, in favor of Ms. Aishwarya Rai Bachchan. It is worthwhile to quote the exact observation of the Delhi High Court which is reproduced below:
“…the unauthorized exploitation of the attributes of an individual’s personality may have two facets – first, violation of their right to protect their personality attributes from being commercially exploited; and second, violation of their right to privacy, which in turn leads to undermining their right to live with dignity.iii”
Insights into the existing Legal Framework
Accordingly, it is evident that regulating technology has become the need of hour. Indian Legislature has formulated the below mentioned laws/guidelines to regulate the technological sphere:
1. Data Protection of Data Privacy (“DPDP”) Act, 2023 and its corresponding Rules, 2025
2. Guidelines on Prevention and Regulation of Dark Patterns 2023’ issued under Section 18 of the Consumer Protection Act, 2019 by the Ministry of Consumer Affairs.
Data Protection of Data Privacy Act, 2023 was initially perceived symbolically, as a mirage effect in a desert full of data. Consequently, this Act was considered as a lodestar in the middle of the data ocean. DPDP establishes comprehensive legal code for protecting digital personal data, formulating the concept of consent in digitization process, collecting data for specified purpose and accountability. The Act provides for rights of data principals and corresponding duties of data fiduciaries. It also lays down special measures for children and young people. This Act envisages the establishment of Data Protection Board of India as the new adjudicating body on matters falling within its contours. Essentially, the DPDP Act serves underpinning for governing the continuous evolving data regime, by maintaining a balance between the individual autonomy and business interests of digital India. In case of violation of the provisions of DPDP Act, provisions for hefty fines have also been dictated by this code.
On 14th November, 2025, the DPDP Rules have been notified, providing for clear mandates on the content of notices, to obtain informed consent for processing data, acknowledging rights of individuals to provide access, delete, edit or to withdraw his/her consent therefrom. The Rules also mandate undertaking strong security measures, notifying breaches to both users and Data Protection Board on time, data retention only for specified purposes and purging of the data obtained from the users. All the organizations/entities need to comply with these implementations in a phased manner to ensure transparency, accountability and to inculcate habit of responsibly using data.
To curb deception in digital design practices that mislead consumers, the Guidelines on Prevention and Regulation of Dark Patterns, 2023, were issued under Section 18 of the Consumer Protection Act, 2019 by the Ministry of Consumer Affairs. The Guidelines defined different types of “dark patterns” used to compel users to commit/omit unintended actions thereby affecting autonomous choice by impacting their right to exercise independent discretion. It categorically enlisted prohibited activities such as false urgency, subscription traps, bait-and-switch, and interface interference and emphasized that this will be applicable to all platforms, sellers offering goods or services in India.
Recommendation and conclusion
After examining the existing legal framework, the urge to regulate binary codes, aka 001, becomes even more important. However, it can only be achieved successfully by introducing the concept of Digital Literacy, for all the users of varying age groups. The path of Digital Literacy can be considered an aurora point, from where co-existence of AI and the constitutional rights seem plausible. Just laying down laws will not be sufficient to effectually protect individual’s rights. To provide justice, people need to be aware of their rights, as well as their corresponding duties, while operating in the digital realm. It is also to be noted that, seeds at the school level have already been sown by the Indian government, by mandating curriculums on understanding of the AI.
Hypothetically, a Laxman Rekha must be drawn by every user and implications of its crossings need to be understood very clearly, else, data can enter the Ravana realm. Due to the present stage of Kalyuga, it may not be prudent to wait for Ram to become a guardrail in protecting one’s data.
As we proceed towards transforming the digital landscape, its unlimited potential for innovation and benefit of society is colossal in nature. Here’s another food for thought for the readers- development of AI should also come with de facto & not just de jure ecological responsibilities!
i Anil Kapoor Vs. Simply Life India and Ors. (CS (COMM) 652/2023 order of Delhi high Court dated 20.9.2023 2023 SCC Online Del 6914.
ii Aishwarya Rai Bachchan vs.Aishwaryaworld.com and ors. CS(COMM) 956/2025 Delhi High Court order dated 09.09.2025.
iii Paragraph 35 of the order dated 09.09.2025 passed by Delhi High Court in case of Aishwarya Rai Bachchan vs.Aishwaryaworld.com and ors. Bearing case no. CS(COMM) 956/2025.
Disclaimer – The views expressed in this article are the personal views of the author and are purely informative in nature.