The Supreme Court today sought a response
from the Union government on a public interest litigation (PIL) that calls for
a ban or regulation of online and offline betting applications, on the grounds
that such platforms constitute 'gambling'. A bench comprising Justices Surya
Kant and N. Kotiswar Singh issued the order after hearing the petitioner,
evangelist Dr. K.A. Paul, who argued that the rise in betting through both
online and offline platforms has contributed to a significant number of
suicides.
Dr. Paul highlighted the alarming impact of
betting apps on individuals, particularly the youth, and urged the Court to
recognize the harmful consequences of celebrity endorsements in promoting such
platforms. He emphasized that several First Information Reports (FIRs) have
been registered against celebrities and social media influencers for endorsing
betting apps, which he claimed has led young and vulnerable individuals down a
destructive path.
During a brief interaction with the bench,
Dr. Paul stated that there have been more than 1,000 cases of suicide reported
in Telangana alone in the recent past, which he attributed to the influence and
proliferation of betting platforms.
"I
am here on behalf of millions of dying parents, brothers and sisters...in
Telangana, 1023 people committed suicides...just less than 2 months ago, 25
Bollywood and Tollywood actors/influencers have been filed FIRs [against] by
Telangana police...these 100s of influencers playing with the lives of
innocent, young...our 60% population is below 25 [years of age]...Out of 900
million, 300 million [30 crores] are being trapped illegally, unethically,
immorally...violation of Art. 21 rights", he said.
Initially,
Justice Kant expressed that the issue was not one which could be tackled
through legislation. "This issue has been dealt with by this Court. People
are voluntarily doing these things. What can be done? Principally we are with
you, if it can be done, it should be stopped...but probably you are under a
misconception that it can be stopped through a law. This is same thing, as have
you been able to stop people from committing murder? You have Section 302 IPC,
you have death sentence, you have everything", the judge remarked.
However, during the proceedings, when Dr.
K.A. Paul argued that out of 900 million Indians, nearly 300 million are being
"trapped illegally" through betting platforms—constituting a
violation of their rights under Article 21—the bench agreed to seek a response
from the Union government on the measures it is taking to address the issue.
Dr. Paul notably referred to the alleged endorsement of such betting apps by
the "God of Cricket," Sachin Tendulkar. He submitted, "When he himself is
endorsing, a billion people consider oh this is a good app."In response, Justice Kant remarked, "Because he knows that in
the name of watching IPL, there are thousands and thousands who are
betting."
Ultimately,
the Supreme Court issued notice only to the Union government, stating that
notices to the States would be considered at a later stage, if necessary. In
his plea, Dr. K.A. Paul has sought a series of wide-ranging reliefs. These
include: a declaration that all online and offline betting applications fall
within the definition of gambling; a direction for an immediate ban or strict
regulation of such apps under appropriate central and state legislation; and an
order to Google, Apple, and other digital platforms to remove all non-compliant
betting apps without delay. Additionally, he has sought directions to TRAI and
the Ministry of Electronics and Information Technology (MeitY) to block access
to foreign-based betting platforms. Dr. Paul also urged the Court to direct
criminal investigations and impose penalties on the owners and promoters of
these platforms. Furthermore, he has called for a prohibitory order restraining
Bollywood actors, cricketers, and social media influencers from endorsing betting
or gaming apps. He also requested the constitution of a High-Level Committee or
Special Investigation Team (SIT) to study existing betting laws and their
social impact. Lastly, he seeks the implementation of a national helpline for
victims of online betting fraud and the enforcement of consumer protection
measures such as mandatory disclaimers, age restrictions, and self-exclusion
programs.