Introduction:- 

         The online gambling website play a major role in the covid- 19 lockdown. Since the lot of youngsters have lost their job and are in position to play this rummy games, even the person who are employed are also asked to work from home. All this age group are so much attracted by this gambling website. Another important point we have to look here is the advertisement by this website in all the social media with fake promises (ex- earning just by simply playing game). This made this people to addict in this game the economic situation during the pandemic situation thought them to earn money by sampling playing.

Lack in legal system:-

       Gambling is a state subject in India. The rules for the gaming are mentioned here:-

  • If the chance based game is played with stakes, it is gambling. More skill, less chance is legal.
  • If the skill based game is played with stakes, it is not gambling, but real money gaming. Less skill, more chance is illegal.

Playing a game for stakes is legal in most parts of India. It is decided based on the below test. 

Skill or chance game:-

       It is determine by two test. 1)  A player must be able to choose to lose. He exercise some agency in winning. (Ex- snakes and ladder would fail in this, but ludo would pass). 2) A player’s performance must improve over time. Consistently and steadily.

From the developers consent:-

         According to the CEO of Ace2Three, said, “This is a game of skill and there are people from Tamil nadu who have participated and even won tournaments”. Another company stated that “the state government should first understand how the industry operates and then take a call”.  Even the players have the option of play free of cash. So, the choice is with the player.

         Even the games are played in offline mode in many functions, ceremony, and other places illegally and lost much money. 

         According to estimates, in India, the growth in online rummy is about 30% compound annual growth. They are mainly attributed to smartphone penetration and data usage. The online rummy will estimated to grow by 25% in 2022. 

Ban and its reason:-

         The Andhra Pradesh government (amend Andhra Pradesh Gaming act, 1974) ban the online gambling website like rummy stating that, “It was pushing the youth in wrong path and misleading them”. According to the cabinet decision, organisers of online of online gambling would be jailed for a year, for the 1st time, the jail term would go up to two years for further offence. Also those caught playing the game would attract a jail term of six months, the minister added.

         The Telegana state had also banned this rummy in the year of 2007.

         The Tamil nadu government recently banned the online gambling website stating that “about a dozen died by suicide due to debt from online gambling”. This was done by amending the Tamil nadu Gaming act, 1930, Chennai city police act, 1888 and Tamil nadu district police act, 1859.  The people who are playing this games will be punished with a fine of Rs. 5,000 and six month imprisonment. The person who open or run gaming house will be provided with the fine of Rs. 10,000 and of 2 years imprisonment.  

Conclusion:-

       Thus the ban on gambling website is to save the Youngers and their life from dangerous situation and unnecessary loss of money and property. Even though it helps in economic growth but destroys many peoples life. The banning is the good thing and encouragable. This has to be implement in all states of India for the welfare of the people. 

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Karthikeyan.N

B.A., B.L., (Hons) IPDP., (London)
Pgd IPR., Pgd Cyber Law., Msc., (IT)
CCI., CFA., IPCL.,
Advocate, Madras High Court

Karthikeyan, is a renowned cyber law expert, who is also the Managing Partner of Law Office of Karthikeyan, a reputed law firm based in Chennai.

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