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Monday, March 9, 2026

AI Bias, International Law, and India’s Need for a Sovereign AI Stack

 

AI Bias, International Law, and India’s Need for a Sovereign AI Stack

Introduction

Artificial Intelligence (AI) is rapidly becoming a key tool used by policymakers, analysts, and researchers to interpret global events. However, AI systems are not neutral. They often reflect the biases of the data on which they are trained, which currently comes largely from Western sources.

A recent debate surrounding the sinking of the Iranian frigate IRIS Dena inside Sri Lanka’s Exclusive Economic Zone (EEZ) highlights this issue. When asked whether the act was legal under international law, an AI system immediately responded that it was “not illegal.”
But this answer ignored competing interpretations of maritime law, especially those held by India and many Global South countries.

This raises a crucial question for India: Should it rely on foreign AI systems or build its own sovereign AI architecture?

For UPSC aspirants, this topic is relevant to GS-II (International Relations), GS-III (Science & Technology), and Ethics/Essay topics on technology and geopolitics.


The Legal Debate: Military Activities in the EEZ

The dispute revolves around the interpretation of the United Nations Convention on the Law of the Sea (UNCLOS).

Under UNCLOS, countries have special rights in their Exclusive Economic Zone (EEZ), which extends 200 nautical miles from their coast.

Article 58 of UNCLOS

Article 58 of UNCLOS grants foreign states freedoms such as:

  • navigation

  • overflight

  • other lawful uses of the sea related to these freedoms

However, the interpretation of this article is deeply contested.


Two Competing Interpretations

1. Western Interpretation

Countries like the United States interpret Article 58 broadly.

They believe that foreign states can conduct military activities in another country’s EEZ, including:

  • naval exercises

  • submarine operations

  • intelligence gathering

  • weapons testing

As long as these occur outside territorial waters, they are considered legal.


2. Global South Interpretation

Countries such as:

  • India

  • China

  • Indonesia

  • Brazil

  • South Africa

argue that military activities in an EEZ require the consent of the coastal state.

They rely on Article 58(3), which requires states to show “due regard” for the rights of coastal states.

Thus, the legality of military operations in EEZs remains unresolved in international law.


The Humanitarian Law Dimension

Another important aspect relates to humanitarian obligations under the Second Geneva Convention.

Article 18

Article 18 of the Second Geneva Convention requires parties to:

  • search for survivors

  • rescue shipwrecked sailors

  • provide assistance without delay

Reports indicate that after the sinking of the Iranian warship, the attacking submarine left quickly, and rescue operations were conducted by Sri Lanka.

This raises further legal and humanitarian questions that the AI system initially failed to consider.


AI Bias: A Structural Problem

The incident demonstrates that AI systems often reflect structural bias.

Why bias occurs

Most AI models are trained on:

  • Western academic publications

  • Western legal scholarship

  • Western media sources

As a result:

  • Western interpretations appear as default truths

  • Global South perspectives become secondary or invisible

Thus, AI outputs may reinforce global power asymmetries.


The Global AI Divide

The global AI ecosystem is increasingly dominated by two major powers:

1. The U.S. AI ecosystem

Led by companies such as OpenAI, Google, and Microsoft.

Strengths:

  • advanced chips

  • powerful cloud infrastructure

  • cutting-edge AI models


2. The Chinese AI ecosystem

Led by firms such as Baidu, Alibaba, and Tencent.

China’s AI stack is closely integrated with state policy and data governance.


India’s Strategic Choice

India now faces three possible options.

Option 1: Adopt the U.S. AI stack

Advantages:

  • faster access to technology

  • global research collaboration

Risks:

  • dependence on foreign infrastructure

  • Western biases embedded in AI systems


Option 2: Adopt the Chinese AI ecosystem

This option raises concerns about:

  • security

  • geopolitical alignment

  • data sovereignty


Option 3: Build a Sovereign Indian AI Stack

This approach involves developing:

  • domestic computing infrastructure

  • indigenous datasets

  • multilingual AI models

  • national data governance frameworks

India has already shown its ability to build large-scale digital infrastructure through initiatives like:

  • Aadhaar

  • Unified Payments Interface

A similar strategy could be applied to AI.


Risks of AI Dependence

If India relies entirely on foreign AI models, it could lead to digital colonialism, where:

  • algorithms control knowledge production

  • foreign platforms shape public discourse

  • national perspectives are underrepresented

This would affect not only technology but also geopolitics and strategic thinking.


The Way Forward for India

India must adopt a balanced strategy:

  1. Invest in domestic AI research and computing infrastructure

  2. Develop Indian-language datasets and models

  3. Build secure national data ecosystems

  4. Collaborate internationally while maintaining technological sovereignty

The goal is integration without dependence.


Why This Matters for UPSC

This issue intersects several parts of the UPSC syllabus.

GS-II

  • International law

  • India’s foreign policy

  • Global governance

GS-III

  • Artificial Intelligence

  • Technology and national security

  • Data governance

Essay Topics

Possible themes include:

  • Technology and geopolitical power

  • Data sovereignty and digital colonialism

  • Ethics of artificial intelligence


Conclusion

AI is no longer just a technological tool — it is becoming an architecture of interpretation, shaping how events, laws, and geopolitical realities are understood.

Countries that rely entirely on foreign AI systems may eventually think through someone else’s frameworks.

For India, the challenge is clear: it must transition from being a consumer of AI technologies to a creator of AI knowledge systems.

Just as India developed its space programme, nuclear capabilities, and digital public infrastructure, it must now build a sovereign AI stack that reflects its own linguistic, cultural, and strategic realities.

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