Ban Online Gambling : Karnataka High Court To State

OVERVIEW 

The Chief Justice Abhay Oka and Justice Suraj Govindaraj of the Karnataka High Court heard matters regarding a PIL filed by petitioner Sharada DR, which sought to put a ban on all sorts of online betting and gambling on Wednesday, the 31st of March, 2021. The court urged the State Government to take action regarding such online gambling and said "In the light of the representation in terms of annexure A, the state government will have to take a stand about action, if any they propose to take in the subject matter."

The petitioner had filed a representation to the State Government in this regard on the 12th of September in the previous year 2020, and had waited till the 24th of October, 2020 for a response in this regard. The High Court was approached on failure to obtain any response even after the submission of a reminder letter, dated 24th October.

BACKGROUND 

Sharada DR, a resident of Devangere recognised the need for regulation of online betting and gambling since the fate of many hapless and gullible section of the society fall prey to these contingent businesses wherein, they can lose their money at such gambling. Gambling and betting are considered to be vices in our society because of its capability to lose out on all the properties involved in such bets. Such gambling and betting have all the more adverse impact on the lives of the people due to the ongoing pandemic situation which has shaken the economic core of the world as a whole.

“The state has no mechanism to monitor whether any online game or activity is a game of chance or involves skill. For instance, it is well-settled today that the Game of Rummy is a game of skill. However, what holds good for the game in the offline mode may not be true for the online mode. The state has not bothered to create any monitoring mechanism to ascertain whether the online Rummy offered by various virtual gaming platforms,” the petition said.

FURTHER DETAILS 

The petition brought to the attention of the Court of the existence of the regulatory vacuum related to online gambling and betting activities in the state of Karnataka. The petitioner claimed of the necessity of such a ban due to the detrimental effects of such betting and gambling activities on the vulnerable sections of society, particularly the youth, adolescents and even children are prone to hazardous and predatory situation.

It pointed out the inadequacy of the existing provisions of the Karnataka Police Act in monitoring the restrictions on gaming or gambling in traditional forms.

During the hearing, the additional government advocate submitted that Online gambling can be played from anywhere in the world and argued thus, “This is part of the policy of the government before the policy being decided on this issue, the central government may be a necessary party."

The Court, in its reply, stated, "Ultimately for banning a particular activity the question will be again of existence of a legislation. You must decide what you want to do, don't bother about what the Government of India wants to do."

CONCLUSION

The petition mentions the stances of the High Courts of Gujarat and Tamil Nadu which have implored their state legislatures to look into the matter and come up with relevant legislations pertaining to such matter as they may deem fit.

The Court said, "To enable the state government to take a stand we adjourn the petition till June 1. The decision taken by the state government shall be placed on record in the form of objections by May 27."

As of now, the state of Karnataka has put a ban on any such activities of online gaming, gambling or betting as has been directed by the Karnataka High Court.

HOW DO YOU THINK ACTIVITIES SUCH AS ONLINE GAMBLING AND BETTING IMPACT THE LIVES OF THE PEOPLE AND THE ECONOMY OF THE NATION? DO YOU SUPPORT STRINGENT REGULATIONS PERTAINING TO SUCH GAMBLING? DO LET US KNOW IN THE COMMENTS BELOW!