Prayagraj, May 24 (UNI) In an important order, the Allahabad High Court has said that there is an urgent need to make effective laws to prevent virtual crimes like online gaming and betting.
The court has directed the state government to constitute a high-powered committee under the chairmanship of economic advisor Prof KV Raju for its legislative arrangement and to include experts along with the Principal Secretary, State Tax in that committee. This committee will make a legislative arrangement by assessing the current situation.
The order was passed by Justice Vinod Diwakar while admitting the petition of Imran Khan and others of Agra. The court said that there is currently no effective law to curb virtual crimes like online gaming and betting.
It said that the Public Gambling Act 1867 is a colonial era law, which is no longer relevant in today's era. "Virtual betting or gambling has now gone beyond the boundaries of the state and the nation. The server systems are in other borders of the world, over which there is no control," it observed.
The court said that the teenagers and youth of the country are falling prey to it in the pursuit of earning money easily. "Due to this, the situation of depression, anxiety, insomnia along with social disintegration is increasing among them. The lower and middle classes are suffering financial losses by falling prey to the trap of platforms providing online games," it observed.
To deal with these challenges, the court has directed the Registrar to provide a copy of the order to the Chief Secretary of the State Government so that it can be complied with.
It may be noted that an FIR was registered against the petitioners three years ago under the Public Gambling Act at Mantola police station in Agra. After the charge sheet was filed on December 27, 2022, the Judicial Magistrate had issued notice to the petitioners. The petition was filed on behalf of the petitioners seeking cancellation of criminal proceedings.
During the hearing, the court found that there is no effective law against those playing online betting and gambling. Under the Public Gambling Act, there is a provision of maximum fine of Rs 2,000 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 across state, national and international boundaries. A large number of youth are getting into its clutches and suffering losses.
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 Rs 500 or imprisonment for three months. In the year 1867, it was a sufficient deterrent but is negligible today.
Many developed countries of the world, including the UK and the US, have made provisions to control gambling. The UK enacted 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. A commission has also been formed.
Australia legalised and regulated online casinos in 2001 and states like New Jersey and Pennsylvania in the United States have fully legalised and regulated online casinos. Meanwhile, several other countries, including Singapore and South Korea, have also made arrangements for online betting.
The order states that India's NITI Aayog issued a policy paper in December 2020. But right now it is in a grey area.
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