Online gambling websites: State govt responsible to take action, High Court told

New Delhi: The Centre has told the Delhi High Court that it is the state government which is responsible for taking action on online gambling websites and the Ministry of Electronics and Information Technology (MEITY) is not authorized to direct any intermediary to block such sites.

The Centre's affidavit was filed before a bench of Chief Justice D N Patel and Justice Jyoti Singh which was hearing a petition seeking directions to the Ministry of Finance, MEITY and Delhi government to take steps to ban websites which are involved in gambling, betting and wagering. The court, which listed the matter for further hearing on October 11, orally observed that online gambling is dangerous and websites earning cannot be at the cost of youngsters.

The plea said despite there being laws enacted by various states prohibiting such activities, a large number of websites providing gambling, betting and wagering games are still accessible in India. The petitioner, Avinash Mehrotra, has contended in his plea that "all these activities, though expressly prohibited by law, are being carried out because of a lack of enforcement of the laws in question".

The Centre, in its response to the petition, said there is no legislative mandate on MEITY to take action on gambling or betting related issues that otherwise clearly falls under the exclusive domain and the legislative competence of State Legislature.

"Since gaming/gambling are state subjects, States are the appropriate governments to issue notice to the intermediaries to block access to any gambling websites. Thus the respondent no. 1 (MEITY) is not authorised to direct any intermediary to block any online gaming or gambling websites," the affidavit, filed through Central government standing counsel Anil Soni, said, adding that the issues relating to FEMA or money laundering or tax evasions do not fall under the domain of MEITY. The Centre said the petitioner has chosen not to make party any of the States -- Sikkim, Nagaland, Telangana, Andhra Pradesh or Tamilnadu -- which have brought out legislations that specifically regulate online gaming and without hearing the views of these states, effective adjudication is not possible in this case. It said the state government is responsible for taking action on online gambling websites and neither any legislative mandate nor any legal duty is cast upon MEITY to take action on such alleged gaming/gambling-related websites.