The game of chance, or, as some claim, the game of skills, is turning out to be the death knell for many youngsters. Recently, a young man ended his life after losing money on a betting app in Telangana, prompting the government to constitute a special investigation team to ban online and betting applications. Chief Minister A Revanth Reddy told the state Assembly that those involved in organising or promoting online betting could invite tougher punishments.
Telangana amended its Gaming Act in 2017, banning all forms of gambling and betting, including cyberspace. Except for Goa and Sikkim, most states have banned online betting. List II of the Seventh Schedule of the Constitution empowers states to enact laws on gambling and betting. Nonetheless, the reality is that online betting has become rampant, especially with several apps luring customers with the chance to win unrealistic gains. The catch is that these laws leave out what are termed games of skill, and the debate over whether they are games of skill or chance must end on a conclusive note. Chance means random luck, whereas skill is clearly in one’s control. The courts, including the Supreme Court, have, in various verdicts, differentiated between the two. In the Manoranjijtham Manamyil Mandaram vs State of Tamil Nadu, the court observed that whether one is a game of skill or chance must be decided case by case. So, with a small entry fee, fantasy gaming apps like Dream11, Mobile Premier League, etc., continue to operate, arguing that they involve more skill rather than chance. Some courts have ruled in their favour, too. The other aspect is that many betting platforms operate abroad, and state governments alone cannot block them. The Centre has amended the IGST Act, making it mandatory for all offshore gaming companies to register in India, and it can block websites that don’t comply with the rules.
However, not only do apps continue to thrive, but they also result in tragedies. The need of the hour is for the Centre and states to make a concerted effort. Firstly, to rein in foreign websites, the existing IT Act must be strictly enforced, and secondly, the Centre must enact a law to plug the grey areas. Lastly, those who promote betting apps, whoever they are, must be held responsible.