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.