Suicides due to gambling in India and states stuck in the ‘skill and chance’ pattern have prompted the Union Home Ministry to ask all states and Union Territories to take immediate steps to repeal the Public Gambling Act, 1867, and enact a new law.
In a letter sent a few days ago, the Centre described why the ball was in the court of the states when it came to gambling. Though several states have introduced their own law to deal with gambling, many still have to work in the direction.
“Dear Chief Secretary/Administrator As you are aware that the Public Gambling Act, 1867 is an archaic, pre-independence Act and subject matter now comes under the State List, as ‘Betting and Gambling’ at entry no. 34 in List II of Schedule VII to the Constitution,” the ministry said.
“The Law Commission of India in its 248th Report of November 2014 observed that as per Article 372(1), if the subject-matter of a pre-constitutional law falls into the State List, the State Government is the competent legislature to repeal that Act. Further, Hon’ble Supreme Court in Kerala State Electricity Board vs. The Indian Aluminium Co. Ltd. [AIR 1976 SC 1031] stated that ‘after the Constitution came into force an existing law could be amended or repealed only by the legislature which would be competent to enact that-law if it were to be newly enacted’,” the ministry added in in its letter.
It further said it would be ‘grateful’ if states could take immediate steps to repeal the Public Gambling Act of 1867 and enact a new law for regulation. “If such an action has already been taken, details of State/UT law/regulation may please be sent to the Ministry of Home Affairs at the earliest.”
The letter was written after the inter-ministerial group submitted its report on new regulations on online gambling. The group, in its report submitted to the prime minister’s office, has said: “Moreover, since we are in the process of replacing all obsolete laws, it becomes all the more important to replace the existing law(s) with new legislation that will not only cover the entire gamut of technology and internet-based gaming but would also provide coverage for extraterritorial jurisdiction which is completely missing at present.”
Sources said the Centre may bring a law to regulate online gaming but states can introduce legislation against both online and offline gambling.
States such as Karnataka, Kerala, and Tamil Nadu have already brought in a law to ban skill as well as chance-based online gaming that faced legal challenges in courts.
Delhi, Madhya Pradesh, and Uttar Pradesh among others have adopted the Public Gambling Act after introducing some amendments. On the other hand, Goa and North-eastern states like Sikkim, Meghalaya, and Nagaland have prepared fresh laws to regulate public gambling.
Sources said regulating online gaming is important for national security as well as to save the country’s financial system.
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