The Kashmir Monitor
It hasn’t been long since state officials filed the Karnataka Police (Amendment) Bill 2021, which, if approved, will pave the way towards outlawing all forms of wagering in the state with the exception of lottery and horse racing. But as law experts pointed out, the proposed ban violates a number of constitutional rights.
Proposed ban ‘no clear legitimate objective’: lawyer
The goal of the Karnataka Police (Amendment) Bill 2021 was reportedly to “wean” people away from the so-called “vice of gambling.” It aims to do this by banning online games that involve betting and wagering on mobile apps, mobile devices, computers, on Pure Win platform or other sites, effectively prohibiting all online games that involve money in some form in the state, and the offense will be non-bailable.
By pushing for this ban, however, the state is risking the possibility of many legal challenges. Tanmay Singh, litigation counsel at Internet Freedom Foundation (IFF), described Karnataka’s move as an “impermissible expansion of the law” that violates the rights of the residents of the state.
“A ban on online gaming violates several constitutional rights, including the right to freedom of expression and the right to practice any trade. The law is also manifestly arbitrary for multiple reasons, including that there is no clear legitimate objective sought to be achieved by the law,” Singh said.
It’s also worth noting that online betting bans have historically not worked in Karnataka, which is considered one of the biggest sports betting markets in the country, as they only drive players to seek jurisdictions where sportsbooks are legal. According to an ENV Media report on India’s richest cities and its large online gambling communities, “The sheer diversification of sports interests, contents, platforms and channels results in a sports betting demand in Telangana and Karnataka which far exceeds average Indian levels. As a result, clients seek to bet on Asian, Australian and European leagues and tournaments – cricket, football, kabaddi, tennis, horse racing and the like.”
Regulation, not ban is the way forward for India online gaming
Although the Karnataka bill did not specify the games or gaming companies that will hit if the proposal passes the state legislature, the sweeping ban is expected to affect popular online games with the exception of buying online lottery tickets and participating in horse race wagering. The Supreme Court has already ruled that online games of skill are protected under Article 19(1)(g) of the Constitution, which means it’s only a matter of time before they will step in to overthrow Karnataka’s proposed ban.
It hasn’t been long since state officials filed the Karnataka Police (Amendment) Bill 2021, which, if approved, will pave the way towards outlawing all forms of wagering in the state with the exception of lottery and horse racing. But as law experts pointed out, the proposed ban violates a number of constitutional rights.
Proposed ban ‘no clear legitimate objective’: lawyer
The goal of the Karnataka Police (Amendment) Bill 2021 was reportedly to “wean” people away from the so-called “vice of gambling.” It aims to do this by banning online games that involve betting and wagering on mobile apps, mobile devices, computers, on Pure Win platform or other sites, effectively prohibiting all online games that involve money in some form in the state, and the offense will be non-bailable.
By pushing for this ban, however, the state is risking the possibility of many legal challenges. Tanmay Singh, litigation counsel at Internet Freedom Foundation (IFF), described Karnataka’s move as an “impermissible expansion of the law” that violates the rights of the residents of the state.
“A ban on online gaming violates several constitutional rights, including the right to freedom of expression and the right to practice any trade. The law is also manifestly arbitrary for multiple reasons, including that there is no clear legitimate objective sought to be achieved by the law,” Singh said.
It’s also worth noting that online betting bans have historically not worked in Karnataka, which is considered one of the biggest sports betting markets in the country, as they only drive players to seek jurisdictions where sportsbooks are legal. According to an ENV Media report on India’s richest cities and its large online gambling communities, “The sheer diversification of sports interests, contents, platforms and channels results in a sports betting demand in Telangana and Karnataka which far exceeds average Indian levels. As a result, clients seek to bet on Asian, Australian and European leagues and tournaments – cricket, football, kabaddi, tennis, horse racing and the like.”
Regulation, not ban is the way forward for India online gaming
Although the Karnataka bill did not specify the games or gaming companies that will hit if the proposal passes the state legislature, the sweeping ban is expected to affect popular online games with the exception of buying online lottery tickets and participating in horse race wagering. The Supreme Court has already ruled that online games of skill are protected under Article 19(1)(g) of the Constitution, which means it’s only a matter of time before they will step in to overthrow Karnataka’s proposed ban.
This is why industry stakeholders are firm in their stance that India needs to keep up with the changing times—regulate instead of ban, which results in the emergence of illegal operations.
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