India is presently gripped in the euphoria of
digital India. This is also a time when many have started exploring
the entrepreneurship instead of seeking an employment career. While
this is a good move yet entrepreneurship without a legal framework or
in derogation of the laws of India is not a thing to be encouraged.
One such area where there is a need of urgent laws and regulations is
online
gaming and online gambling.
Online gaming has created great interest among the
gaming stakeholders. India has also witnesses many companies and
gaming stakeholders trying to establish their online gaming business.
These include launch of online poker and rummy websites, online card
games websites, etc. However, in the absence of a holistic and
comprehensive regulatory framework in this regard, online card games
and online games are still legally risky ventures.
In fact, online card games websites may be legally
risky if not properly drafted and managed. Till now the
position regarding playing rummy with stakes is not clear and
different High Courts have given conflicting judgments in this
regard. This has exposed all those who are playing card games with
stakes to numerous litigations across the India.
For instance, a majority of online poker and rummy
websites are flouting
laws of India and they can be punished any time by the
government. Perry4Law
strongly recommends that till the time Indian Supreme Court or
Central Government clarifies the legal position regarding online
gaming in India, the online gaming/gambling stakeholders must comply
with existing and applicable techno legal requirements of Indian
laws.
Unfortunately, this is not happening as on date and
online gaming websites are openly flouting the laws of India. They
are not at all complying with the cyber
law due diligence (PDF) requirements of Indian cyber law.
What is more surprising is the stand of Indian
Government in this regard. Indian Government is neither clarifying
its stand before the Supreme Court nor is bringing a suitable techno
legal legislation to make the regulatory uncertainty clear.
Perry4Law believes that the least various online
gaming stakeholders can do is to comply with the maximum possible
laws of India. This compliance requirement must consider
technological, traditional and commercial laws of India.
