Online
games like online poker, online rummy, online card games, etc are
increasingly becoming popular in India. However, the regulatory
environment for these online games is still in a state of mess. So
bad is the position that even the traditional and offline rummy and
poker games are still considered gambling by many States in India.
Police and other authorities are still trying to ascertain how to
manage offline rummy and poker games in various States. As far as
online poker, online rummy, online card games, etc are concerned, law
enforcement agencies of India are clueless as to their legality or
illegality. In short, online poker, online rummy, online card games,
etc are in a state of limbo
and uncertainty.
To clear this legal uncertainty, many online games
providers approached the Supreme Court while it was dealing one of
the cases pertaining to offline rummy. Obviously, that was a
premature attempt on the part of these online games providers as not
only the matter pertained to a particular party but also the matter
relates to offline rummy in a particular State. However, online games
providers were hoping that the Supreme Court would clear the mist of
uncertainty in this regard. This was a mistaken notion as decision of
the Supreme Court on the facts and circumstances of a particular case
cannot be decisive for online games providers in India. Even
otherwise, they have no locus standi to approach the Supreme Court in
the present circumstances.
The Supreme Court realising this situation asked
the Central Government to clarify it stand on the legality of online
games in India. However, Central Government was not keen enough to do
this exercise and it gave no
opinion to the Supreme Court on this regard. Faced with the
techno legal issues involved in adjudication of the legality or
illegality of online card games, the Supreme Court of India held that
it would not
decide the legality or illegality of online poker, online rummy,
online card games, etc. However, a decision about offline rummy is
expected from the Supreme Court next week but that would have no
bearing upon the legality or illegality of online poker, online
rummy, online card games, etc.
Now the providers of online poker, online rummy,
online card games, etc must satisfy the twin requirements of Indian
laws. Firstly, they have to prove that online poker, online rummy,
online card games, etc are games of skills and not chance. This they
cannot prove till there is an authoritative pronouncement from the
Supreme Court in this regard. Till that time they would be vulnerable
to various forms of legal actions and sanctions as their acts maybe
considered to be acts of gambling by various law enforcement agencies
of India. Any authoritative pronouncement form the Supreme Court
regarding legality or illegality of online poker, online rummy,
online card games, etc is ruled out for another decade in the present
circumstances and till that time these online games providers would
be in a legally vulnerable position.
Secondly, even if online poker, online rummy, online
card games, etc are presumed to be games of skills, still they are
required to comply with techno legal requirements. There are hardly
one or two online card games providers that are complying with these
techno legal requirements. Most of the providers of online poker,
online rummy, online card games, etc are openly flouting the laws of
India especially the techno legal obligations and cyber
law due diligence (PDF) requirements. Now as the Supreme Court
has refused to decide about the legality or illegality of running
websites of online poker, online rummy, online card games, etc, it is
imperative that they comply with various techno legal laws of India
in this regard. The argument of games of skills is not relevant when
it comes to compliance with laws of India.
Online card games stakeholders must not be misguided
by the misleading and incorrect media reports about the order of the
Supreme Court. Nowhere the Supreme Court has held that of online
poker, online rummy, online card games, etc are legal in India. On
the contrary, Supreme Court has categorically held that it is not
going to decide about the legality or illegality of these websites of
online poker, online rummy, online card games, etc. In short, the
websites of online poker, online rummy, online card games, etc are
operating at their own risks and so are the players who play at these
websites.
The only hope of websites running online poker,
online rummy, online card games, etc is that the Central Government
formulates techno
legal framework that can accommodate online games and other
Internet related aspects. That is a long and time consuming process
and it cannot be expected for a long period of time. Thus, all online
games provider must immediately draft their terms and conditions and
other legal documents in conformity with the laws of India,
especially the Information Technology Act, 2000. Those who have
already put at place basic terms and conditions must revisit them and
make them in compliance with the present legal requirements.
