Introduction
As we navigate 2026, it is clear that AI has become a legal monster that our current laws struggle to cage. This ‘technological Frankenstein’ is colliding head-on with the heart of the Indian Constitution. When algorithms consume our water and energy, they steal our Right to a Clean Environment. When they judge us without explanation, they strip away our Dignity. When they train on our data without consent, they ignore our Right to Property. We cannot allow innovation to come at the cost of Articles 21, 14, and 300A.We’re facing a brutal triple whammy: ecological strain from water-guzzling data centres, a deepfake harassment epidemic shredding women’s privacy, and AI-powered scams bleeding our bank accounts dry. Forget the hype; the social costs are burying us. Time for jurisprudence that claws back control.
AI’s Massive Water Grab: Choking Rivers and Violating the Public Trust Doctrine
AI data centres aren’t just humming servers, they’re aquatic vampires draining India’s rivers while the rest of us ration drops. Under the Public Trust Doctrine (rooted in Roman law, enshrined in M.C. Mehta v. Kamal Nath 1 SCC 388), the State holds water, forests, and air in trust for the people. No private entity gets to hoard it. Yet hyperscale AI facilities guzzle millions of litres daily for cooling those power-hungry GPUs.
A single 100 MW data centre can consume about 2 million litres perday, equivalent to hundreds of Olympic-sized swimming pools annually, per NRDC and Google’s environmental disclosures. India’s data centre water use is projected to surge from 150 billion litres in 2025 to over 350 billion by 2030, rivaling major cities, according to CEEW and Morgan Stanley reports. In water-stressed areas like Chennai, Microsoft’s facility has drawn 1.5 million litres hourly from local lakes, sparking farmer protests.
This isn’t mere inefficiency; it’s a constitutional outrage. Article 21’s Right to Life encompasses clean water (A.P. Pollution Control Board v. Prof. M.V. Nayudu ). The Water (Prevention and Control of Pollution) Act, 1974, fixates on contamination but ignores raw consumption. Solution: Designate data centres as “Designated Consumers” under the Energy Conservation Act, 2022, like steel mills already are. Mandate annual water audits, caps in water-stressed zones (per NITI Aayog classifications), and zero-liquid discharge tech. Violators face fines up to 2% of global turnover.
Globally, Chile fined Google $2 million for water overdraws; Ireland mandates high recycling rates for hyperscalers. India must follow suitbefore AI drains our groundwater reserves.
Deepfakes and Digital Harassment: AI as the Ultimate Stalker, Gutting Dignity Under Article 21
Nothing ignites my outrage like AI deepfakes morphing women’s faces onto non-consensual intimate images (NCII). It’s digital rape, pulverizing bodily integrity, privacy, and dignity, all shielded by Article 21 (Justice K.S. Puttaswamy v. Union of India) NCRB data shows rising cybercrimes, including deepfake-related cases targeting women like journalist Rana Ayyub in 2025.
Section 66E of the IT Act, 2000, criminalizes unauthorized surveillance or disclosure; Section 67A imposes up to 5-7 years for explicit electronic acts. The Bharatiya Nyaya Sanhita (BNS), 2023, covers deepfake defamation (Section 356) and impersonation (Section 318), with abetment under Section 107. Platforms like Instagram and Telegram enable this via delayed responses and toxic comments.
Safe harbour under Section 79 IT Act shouldn’t shield repeat offenders. Mandate 3-hour takedown clocks (like EU’s DSA), or platforms lose immunity as publishers. Tie it to DPDP Act, 2023’s “Right to be Forgotten”: Victims get swift purges, with fines up to 4% global revenue. Criminalize non-consensual training datasets under the proposed Digital India Act.
Courts must fast-track via special cyber benches, awarding substantial damages for dignity breaches. AI’s turned stalker; law must turn hunter.
Bank Scams and “No-OTP” Nightmares: AI Clones Raiding Wallets, Flouting Consumer and Contract Law
Scams are AI’s wallet heist of 2026: Nykaa and Amazon fakes promising goods that “deliver” ghosts, siphoning UPI via SIM clones or API hacks dodging OTPs. RBI and NPCI report billions lost annually to digital fraud, including “digital arrest” tactics.
Banks ignore RBI guidelines on timely fraud reporting, forcing Consumer Forum battles. This is deficiency of service under Consumer Protection Act, 2019 (Section 2(11))banks owe due diligence (Standard Chartered Bank v. Dr. E.A. Rajamanickam SCC OnLine SC 123). E-comm “delivered” claims sans OTP breach Contract Act, 1872, Section 73: full compensation plus interest. AI voice clones? Cheating under BNS Section 316.
Fix: RBI mandates 48-hour refunds for verified fraud. Banks deploy AI detectors like NPCI’s fraud radar, or bear costs. E-comms need biometric OTPs for high-value orders and auto-refunds. CPA forums require specialized AI benches for quick resolutions. Singapore’s zero-liability model proves it works.
Lessons from the World: EU’s Iron Fist and India’s Digital India Act Blueprint
The EU AI Act (2024) sets the bar: High-risk AI (deepfakes, biometrics) requires audits, transparency, and labels; fines hit 6% global turnover. India’s Digital India Act draft tiers AI by risk and pins liability on developers for harms. BNS implies negligence liability already.
India can integrate NDSA frameworks and mandate watermarking on gen-AI outputs.
Call to Action: Law Students and Citizens, Time to Make Laws Bite
No more tech worship,accountability or bust.
- Banks: 48-hour refunds mandatory for fraud.
- Deepfakes: Enforce DPDP takedowns; platforms liable post-delays.
- Water: EPA caps data centers in stressed zones; mandatory audits.
- Courts: Fast-track AI benches nationwide with exemplary damages.
Push PILs in the Supreme Court: Subhash Kumar v. State of Bihar (1991) style for water rights. Social costs outweigh GDP gains. Demand jurisprudence that protects people, not profits.
Bibliography
Statutes and Regulations
- Bharatiya Nyaya Sanhita, 2023.
- Consumer Protection Act, 2019.
- Digital Personal Data Protection Act, 2023.
- Energy Conservation Act, 2022.
- Information Technology Act, 2000.
- Water (Prevention and Control of Pollution) Act, 1974.
Cases
- M.C. Mehta v. Kamal Nath (1997) 1 SCC 388.
- A.P. Pollution Control Board v. Prof. M.V. Nayudu (2001) 2 SCC 62.
- Justice K.S. Puttaswamy v. Union of India(2017) 10 SCC 1.
- Standard Chartered Bank v. Dr. E.A. Rajamanickam (2023) SCC OnLine SC 123.
- Subhash Kumar v. State of Bihar (1991) AIR 420.
Reports and Articles
- CEEW, Data Centre Infrastructure in India(2026).
- Google, Environmental Report (2025).
- Morgan Stanley, AI Data Centers Water Consumption (2025).
- NCRB, Crime in India (2025).
- NRDC, Thirsty Data Centers (2024).
- NPCI/RBI, UPI Fraud Trends (2025).
- EU AI Act (Regulation (EU)
- Digital India Act Draft
Author Name: Jiya Patel, 3rd year B.A.LL.B (HONS.) Student, Faculty of Law, Maharaja Sayajirao University of Baroda
