Regulating Generative AI in India: Legal and Ethical Challenges in the Age of ChatGPT

Abstract

The rapid advancement of Generative Artificial Intelligence (Generative AI), particularly tools such as ChatGPT, has transformed the manner in which information is created, disseminated, and utilized across various sectors, including education, business, healthcare, and governance. While these technologies offer significant opportunities for innovation, efficiency, and economic growth, they also raise complex legal and ethical concerns. Issues relating to data privacy, intellectual property rights, algorithmic bias, misinformation, accountability, transparency, and the protection of fundamental rights have emerged as major challenges in the deployment of Generative AI systems. This paper examines the evolving regulatory landscape for Generative AI in India and analyses the adequacy of existing legal frameworks in addressing the risks associated with AI-generated content. It explores the implications of India's data protection regime, emerging AI governance initiatives, and international regulatory developments to identify gaps in current laws and policies. The study further investigates ethical concerns surrounding fairness, explainability, human oversight, and responsible innovation. Using a doctrinal and analytical research methodology, the paper argues that India requires a balanced and adaptive regulatory framework that promotes technological advancement while ensuring accountability, transparency, and the protection of constitutional values. The study concludes by proposing policy recommendations for responsible AI governance, emphasising the need for a human-centric approach that safeguards individual rights and public trust in the age of Generative AI.