AI-Generated Deepfakes as Structural Gender Discrimination Rethinking Constitutional Rights in India

Abstract

Artificial Intelligence (AI) has introduced new forms of harm that challenge existing legal frameworks, particularly in the context of gender-based digital violence. Among these, AI-generated deepfake pornography represents a significant threat to women’s privacy, dignity, and equality. This article contributes to existing scholarship by developing an integrated constitutional and feminist analytical framework that reconceptualises deepfake harm as a form of structural gender discrimination rather than merely a privacy violation. The study adopts a comparative doctrinal methodology, analysing constitutional principles and statutory frameworks in India alongside the European Union’s AI Act. Drawing on constitutional jurisprudence, including Justice K.S. Puttaswamy v Union of India and Shreya Singhal v Union of India, the paper examines how dignity, proportionality, and free speech doctrines apply to AI-enabled harms. The novelty of the paper lies in its shift from a state-centric to a platform-centric constitutional framework, highlighting the growing role of private digital platforms in shaping rights violations. The article identifies key regulatory gaps in Indian law, particularly in relation to synthetic media and platform accountability, and proposes a gender-sensitive governance model integrating algorithmic accountability, platform liability, and survivor-centred remedies.