Every Mobile Phone Has Become A 'Virtual Gambling House', Online Gaming Addiction Threat To Public Health: Supreme Court

The Supreme Court recently held that the widespread prevalence of online betting and gambling poses a serious threat to public order, public tranquillity and public health, observing that technological developments have transformed every mobile phone into a “virtual common gambling house” and made betting and gambling more normalised and accessible across society. A bench of Justice JB Pardiwala and Justice R Mahadevan held that States can rely on their legislative power over “public order” under Entry 1 of List II of the Seventh Schedule of the Constitution to regulate and prohibit online betting and gambling activities, observing that the social harms associated with such activities have a sufficient nexus with concerns regarding public order.The Court observed that online money gaming has a definite impact on the public in terms of addiction, financial losses and resultant suicides. The Court made the observations while upholding Tamil Nadu and Karnataka laws banning online betting and gambling, even on games of skill.The Court held that public order includes a state of tranquillity among members of society, peaceful and orderly social existence, maintenance of the “even tempo” of community life, public safety, public interest and protection from social and economic disruption. The Court further held that public order is disturbed not only by violence or disorder but also by activities that impair public health, create widespread fear or panic, disrupt ordinary life or cause social and economic instability.Applying these principles, the Court examined whether online betting and gambling create consequences serious enough to attract the States' power to legislate on public order.State of Tamil Nadu had contended that rapid digitisation and technological development had led to significant online gaming addiction, unsustainable debt, financial distress and suicides.The State had relied on the World Health Organization's recognition of "gaming disorder" in the International Classification of Diseases (ICD-11) as a persistent or recurrent pattern of gaming behaviour marked by impaired control and continuation of gaming despite harmful consequences.The State had also argued that online platforms transcend traditional physical boundaries and enable instantaneous, large-scale participation, thereby amplifying risks of addiction, financial exploitation and social disruption.Digital Age Has Changed Nature Of GamblingThe Court observed that technological developments had fundamentally altered the scale and reach of betting and gambling activities. It noted that online money gaming has expanded rapidly due to smartphones, internet connectivity and digital payment systems. Betting and gambling have become normalised to a significant extent because of the ease with which individuals can access gaming platforms, the Court observed.It noted that participation in online money gaming is no longer confined to a limited class of users. Statistics placed before the Court indicated that large numbers of players come from rural areas and lower-income groups.The Court said the objective of traditional gambling laws to prevent the proliferation of common gambling houses has been substantially undermined in the digital era.“With the growth of technology, the mischief that the Public Gambling Act sought to curb i.e. prevent the rise of common gambling houses, has gone completely in vain as every mobile phone is now a virtual common gambling house as well as the instrument of gaming,” the Court observed.Impact Extends Beyond Individual PlayersThe Court held that the consequences of online betting and gambling extend beyond individual participants and affect society at large.The Court observed that widespread monetary losses and addiction associated with online money gaming are no longer isolated incidents. It noted that large sections of the population now have access to mobile phones and instant payment gateways, allowing betting and gambling activities to penetrate everyday life on an unprecedented scale.The Court highlighted that many individuals are drawn into a cycle of false hope based on expectations of instant financial gains. This tendency normalises risk-taking behaviour and affects ordinary social life in a manner that goes beyond private individual conduct, the Court said.Even Tempo Of Community Life DisturbedThe Court relied on the constitutional principle that public order is affected when an activity disrupts the “even tempo” of community life rather than merely causing harm to a particular individual.Applying that test, the Court concluded that the effects of online betting and gambling are sufficiently widespread to affect the broader community.The Court observed that addiction and financial losses linked to online money gaming have become common social phenomena and have repercussions across large sections of society. It held that such consequences pose a threat to public tranquillity, thereby bringing the issue...

Every Mobile Phone Has Become A 'Virtual Gambling House', Online Gaming Addiction Threat To Public Health: Supreme Court

Amisha Shrivastava

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Amisha Shrivastava

Every Mobile Phone Has Become A 'Virtual Gambling House', Online Gaming Addiction Threat To Public Health: Supreme Court

Amisha Shrivastava

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Amisha Shrivastava

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