Orissa HC issues notice to state government over gambling law
CUTTACK: The Orissa High Court has issued notice to the State government on a petition challenging the constitutional validity of the Orissa Prevention of Gambling Act, 1955 which imposes prohibition on all games for stakes or money.
The Act bans gambling or gaming which means a play or game for money or other stake and includes betting, wagering and other act, game and contrivance by which a person intentionally exposes money or things of value to the risk or hazard of loss by chance. However, a lottery which means a scheme for disposal or distribution of prizes by chance does not come under the ambit of the Act.
The division bench of Chief Justice S Muralidhar and Justice AK Mohapatra issued the notice on a petition filed by Tic Tok Skill Games Pvt. Ltd, an online gaming company. The petition challenged the Orissa Prevention of Gambling Act, 1955 on the ground that it imposes a blanket prohibition on all games for stakes without any reasonable basis or classification. The bench has fixed February 12 for hearing on the petition along with the response of the State government.
The petition contends that a blanket prohibition of games without any distinction between games of skill and games of chance falls foul of the doctrine of proportionality. The blanket ban does not have any rational connection to prevent the vice of gambling and as such all games of skill also get banned on account of such blanket provisions, thereby directly infringing the fundamental right to practice any trade and occupation guaranteed under the Constitution of India.
The legislation is liable to be struck down as it is unconstitutional and is in violation of the law laid down by the Supreme Court. The apex court, according to the petition, had held that games which substantially involve skills are not gambling activities and are protected under Article 19(1)(g) - Right to practice any profession or to carry on any occupation, trade or business - of the Constitution.