A single-judge bench of Justice Vinod Diwakar Tripathi, on a petition filed by one Imran Khan of Agra, has said that it is ‘high time’ that a legislative framework be enacted to meet the transformative changes in online betting and gaming. The court, exercising its writ jurisdiction has directed the government of Uttar Pradesh to constitute a High-Powered Committee, comprising Professor K.V. Raju, Economic Adviser to the Government of Uttar Pradesh, as its chairperson, to examine all relevant factors, particularly to meet out the legislative necessity arising from the transformed socio-technological concerning online betting and gaming. The Committee, the Court has suggested, may include the Principal Secretary, State Tax as Member Secretary, besides other experts as members. Their collective input should be used to develop a comprehensive and well-structured legislative framework for regulating and monitoring online gaming and public betting.
Betting, in India, is a state subject. Most states have modelled their laws on the Public Gambling Act, 1867 which the court described as ‘a colonial-era statute’ suited only to a pre-internet era therefore prohibit gambling activities only in physical premises. The states of Sikkim and Nagaland have contemporary State Gaming Laws and a licensing regime for online games. The states of Telangana and Andhra Pradesh prohibit all activities in relation to real-money online gaming including skill gaming, whereas the state of Tamil Nadu currently prohibits real-money online gambling.
In the petition before the High Court it was alleged that those who promote such activities have multiple cases registered against them, but have no fear of the law. “These individuals earn lakhs and crores of rupees through online betting, leading local people in the Agra area to gamble away their earnings and suffer worsening household conditions,” read the petition.
Yet the punishment for such acts is negligible. In UP, for instance, for a first offence, the offender may have to pay a fine between Rs 100-300, and may be awarded rigorous imprisonment for up to one month. For any later offences, the maximum fine shall be ₹2,000, and the offender may be awarded rigorous imprisonment for 12 months.
The High Court has said that a copy of its order should be sent to the Chief Secretary, Government of UP, for compliance.
