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NEW DELHI: The Ministry of Information and Electronic Technology (Miety) by affidavit informed the Delhi High Court that matters relating to online “gambling” games are expressly within the purview of states and that some states have already enacted laws to regulate online gaming.
An affidavit from the Center was filed in a plea to ban online gambling sites. He states that the petitioner has not questioned the States as parties to the case which are the appropriate government in the regulation of “betting or games of chance”. An appropriate decision is not possible unless States become parties, in which case, responds the State Center.
The bench of Judge DN Patel and Judge Jyoti Singh postponed the case to October 11 on Wednesday, after noting that the petitioner had not yet received the copy of the rejoinder.
It is recalled that for effective enforcement, States must ensure that their laws include adequate regulatory provisions to prohibit online gambling. In accordance with the legislative mandate established under the Indian Constitution which expressly designates states to regulate “betting and gambling”, MeitY cannot be required to regulate such online gambling websites or lotteries, states the response of the Center.
The Delhi High Court had previously notified the central government of public action seeking action to ban and prevent online gambling sites from operating in the country.
The PIL was filed by an Avinash Mehrotra represented by lawyers Awantika Manohar, Siddharth Iyer and Prashant Kumar, who requested instructions from the relevant ministry of the Center to take action to recover the taxes owed by the two people who played de such online games, and more importantly, those who manage and operate these websites.
He also sought an appropriate writ, order or direction directing the respondents to prosecute the unscrupulous owners / owners and promoters of the online gambling websites, in accordance with the law.
The plea argued that gambling or betting on games of chance is inherently illegal under the laws of our country, and most state laws expressly prohibit it. He asked for the cancellation of the orders dated October 21, 2020, issued by the Indian Union, claiming that it had no jurisdiction to block gambling and betting websites in India.
“It is submitted that despite the presence of these provisions, a large number of websites are accessible in the territory of India, through appropriate devices, and a person is free to play with cards or bet on the outcome of the sports results, etc. “says the plea.
The petitioner also argued that for the Delhi NCT gambling was prohibited under the Delhi Public Gaming Act 1955 and that most states have similar laws in effect, which prohibit gambling. money.
“It is submitted that all of these activities, although expressly prohibited by law, are carried out due to a lack of enforcement of the laws in question. Thus, while being in themselves illegal, these gaming sites of money are allowed to function and lead normal people to economic and financial as well as social ruin, ”the plea said.
“Online gambling itself is an addictive activity, and those who are currently addicted to this activity are not in the right frame of mind to take steps to protect themselves and the general public from this threat,” he said. he added. (ANI)
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