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In an important decision on Saturday, the Allahabad High Court has suggested making laws to ban crimes like online gaming, betting. The court said that there is no effective law in this matter right now. The Public Gambling Act 1867 was a colonial era law, which is no longer relevant in today’s era.
The court said that virtual betting or gambling has now gone beyond the boundaries of the state and nation. The server system has eliminated the boundaries of the world, over which the government has no control.
Suffering financial loss by getting deceived
The court said that the country’s teenagers and youth are easily falling prey to it in the pursuit of earning money. Due to this, conditions like depression, anxiety, insomnia are increasing in them and social disintegration is increasing. The court said that the youth of the lower and middle class are suffering financial loss by falling prey to the platforms providing online games. There is an urgent need to make an effective law to deal with such challenges.
The court has directed the Uttar Pradesh government to appoint economic advisor Prof. KV. Form a high-powered committee headed by Raju and include Principal Secretary, State Tax along with experts in that committee. This committee will assess the current situation and suggest a legislative arrangement.
Demand for cancellation of criminal action
The court has ordered the Registrar to send a copy of the order to the Chief Secretary of the state for compliance. This order has been given by Justice Vinod Diwakar while accepting the petition of Imran Khan and others of Agra. An FIR was registered against the petitioners three years ago under the Public Gambling Act at Mantola police station in Agra district. After the charge sheet was filed on 27 December 2022, the Judicial Magistrate issued summons. The petition was filed demanding cancellation of criminal action.
No effective law against gamblers
The court observed that there is no effective law against online betting and gambling. Under the Public Gambling Act, there is a provision for a maximum fine of two thousand rupees and imprisonment up to 12 months, but the law is unclear regarding online games like fantasy sports, poker and e-sports. Because, online platforms operate from state, national and international boundaries. A large number of youth are getting harmed by falling into its clutches.
Law on Public Gambling
It is a colonial-era law implemented by the British government in India to regulate gambling activities and suppress public gambling houses. In its time, it regulated card games, betting on dice, physical gambling houses. The maximum penalty under the Act was ₹500 or imprisonment up to three months. In the year 1867, it was a sufficient deterrent, but today it has no justification.
Many countries including UK, US have made rules
Many developed systems of the world including UK, US have made provisions to control gambling. The UK implemented the Gambling Act in 2005. This law includes a variety of provisions including licensing requirements, age verification protocols, responsible advertising standards and anti-money laundering measures. Along with this, a commission has also been formed.
Similarly to Australia in 2001, US states like New Jersey and Pennsylvania have fully legalized and regulated online casinos. Meanwhile, several other countries, including Singapore and South Korea, have also made arrangements for online betting. The order said that India’s NITI Aayog had issued a policy paper in December 2020 but it is still in a grey area.
