Gutshot September 2021

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GAMING

A Legal Game of Hide And Seek As unclear laws and lack of regulation continue to disturb the RMG’s promising potential, we take a look at what the country seeks to gain if the legal doors for real money gaming swing open.

By Donna Amo

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lot has been talked about when it comes to having stringent laws on gambling and betting, but having one wholesome regulatory framework made for gaming isn’t something that has been actively considered in India. One of the significant reasons why as soon as an online game gets its share of popularity among the masses, a call for regularising, censoring and monitoring and, in extreme cases, ban, get filed in Indian courts. Biggest examples were the ban of PUBG under Section 144 of the Criminal Procedure Code, 1973 and the cry to ban Pokemon Go. In an article ‘Online Gaming, Gaming Laws & Legal Puzzles In India’ by CS S. Ravishankar Company Secretary in Practice, Partner – ASR & CO, he happens to give a quick walkthrough of the uproar that Pokemon Go, which was not even officially launched in India, caused. He quickly detailed the consequences that followed due to the absence of regulations on online gaming. Owing to the download of unauthorised versions of the app, some of these apps are not bound by the law! In fact, unlike a temporary suspension of the game’s servers or a restriction of access to it, the

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ban does little to truly alleviate the problem. On the contrary, the negative attention that PUBG receives is simply increasing its appeal and causing more curiosity about what makes it so offensive. Instead of turning to drastic measures, proper regulatory standards must be investigated and implemented. Gaming laws in India India does not have a unified gaming or gambling law (these two terms are used interchangeably, keeping in mind the Indian law judiciary). Gambling is a taboo topic in India so many, states are not comfortable with the idea of it being legalised in the country. Due to this reason, some states such as Telangana, Gujarat, and Andhra Pradesh have banned all forms of gambling completely. Sameer Barde, CEO of The Online Rummy Federation (TORF), commented, “There is a need to have a licensing body which will put down processes for companies to obtain a license to run an online rummy platform which will weed out non-eligible players right at the beginning.” If proper regulations are put in place, the process will prevent or penalise illegal operators in the country. Moreover, this will also protect and safeguard players. 2021

Manav Sethi, Chief Marketing Officer, Octro Inc

There are self-regulatory bodies like (TORF) and the (AIGF) trying their best to regulate the industry. However, regulations set by the government would be even more effective in creating a safer gaming environment that also benefits the economy. States like Goa and Sikkim have legalised and regularised casino-based gambling. This has helped the industry flourish and helped the states boost their economy through the revenue and employment generated by this decision. Other regions like Maharashtra and West Bengal have permitted real money skill games like poker and rummy while banning games of chance, which is a stand taken by the rest of the states in the country. The uneven gaming laws and absence of a regulatory body also


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