'Draft Bill On Online Betting & Gambling Ready': Karnataka Government Tells High Court

Chief Secretary P Ravi Kumar, who was earlier directed by the court to file an affidavit setting out the reasons why the State Government had not abided by its assurances given to the court and made its stand clear about action, if any, they propose to take in the subject of banning online gambling and betting, today filed his affidavit.

It has been stated in affidavit that "As per Item no 1 of First Schedule of Karnataka Government (Transaction of Business Rules) 1977, draft bill requires approval of both houses of legislature and hence prior cabinet approval is necessary."

Further it was stated that "Soon after receiving the approval of this proposal by the state cabinet, the Home Department will take necessary and immediate steps to present the draft bill to the state legislature with a request to place the bill before both houses of legislature."

A division bench of Chief Justice Abhay Oka and Justice Ashok G Nijagannavar in its order recorded "Additional Advocate General states that state has decided to come out with a legislation and accordingly a draft bill has been prepared for consideration of the cabinet. AAG seeks time to make a statement when the cabinet will take an appropriate decision in this behalf. To enable the AAG to make a statement list the petition on July 26."

The direction was given while hearing a petition filed by one Sharada DR who sought to ban all online betting and gambling. The petition states that the State of Karnataka remains in a regulatory vacuum. The gullible and hapless sections of society, particularly the youth, are falling prey to online gambling and betting in the midst of a pandemic situation.

The High Courts of Gujarat and Tamil Nadu have directed their respective jurisdictional state legislatures to explore the possibilities of regulating the regime. In these states there exists a central legislation. However, in Karnataka there is neither Central legislation nor any regulatory regime.

Following the directions of the Kerala High Court, the Kerala Government recently made online gambling illegal. In November 2020, the Madras High Court had asked the Tamil Nadu Government to bring a law to curb online betting. Following that, the Tamil Nadu government brought an Ordinance recently. The Gujarat High Court had also passed a similar direction. Also, the Delhi High Court has directed the Union Of India & Delhi Government to treat a petition filed against online gambling as a representation and decide the grievances ventilated in the petition.