Gambling laws challenged in Orissa High Court
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Cuttack: An online gaming company has filed a petition in Orissa High Court questioning the prevailing gambling laws in Odisha.
According to a source, Tic Tok Skill Games Pvt. Ltd. — an online gaming company — recently filed a petition in Orissa High Court arguing that a blanket ban on all gambling activities is a violation of the Constitution of India which guarantees individuals the right to practise any trade and occupation.
All states in India, including Odisha, are subject to the Public Gambling Act of 1867 – a central law that prohibits gambling venues and public gambling in India. However, each state in India is allowed to take the final stance on the law according to local norms and are allowed to make local gambling laws more or less restrictive.
According to the Orissa Prevention of Gambling Act, all types of gambling activities are deemed illegal in Odisha.
The law also prohibits playing skill-based games for real stakes, which is considered legal in many other states. The gaming company has opposed this and approached the court.
According to the petition, skill-based games should be considered a trade or an occupation due to the fact that the skill of the players involved are instrumental in securing a successful outcome of the game.
The petition challenges the fact that the Orissa Prevention of Gambling Act imposes a blanket prohibition on all games for stakes, and that without a reasonable basis or distinction, this makes the law unconstitutional.
The prevailing law in Odisha treats both games of chance and games of skill as illegal, and the failure to distinguish between the two is what Tic Tok Gaming wants the High Court to take a look at. The argument is that there should be a distinction between the legality of online casinos (which offer games of chance) and cricket betting sites (where players place bets using their skill and wits).
A High Court division bench comprising of Chief Justice S Muralidhar and Justice AK Mohapatra has issued a notice to the state government over the issue. The notice questions the basis of the blanket ban on gaming activities for stake.
Next hearing of the case has been scheduled for February 14, 2022. The response from the State Government is expected to be presented on this day.
After the hearing, the high court of Odisha could either dismiss the petition, or otherwise deem the law to be unconstitutional. The decision they take will have an effect on the future legality of gambling within the state.
“In the past, the Supreme court of India received a similar petition. At that time, the Apex Court decided that any game involving skills should not be considered as gambling activities,” the company said while adding that these activities are legal and protected under Article 19(1)(g) of the Indian Constitution which guarantees the right to practice any profession or to carry on any occupation, trade or business.
