Constitution does not support forced or fraudulent conversion: Allahabad High Court
Justice Vinod Diwaker made the observation while rejecting a plea to cancel an FIR against four people accused under the Uttar Pradesh Prohibition of Unlawful Religious Conversion Act, 2021.
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Mint
19 hours ago
- Mint
Allahabad High Court directs Yogi Adityanath govt to constitute panel over online gaming, betting regulation
The Allahabad High Court on Thursday directed the Uttar Pradesh government to constitute a high-powered committee to examine if there was a need to regulate online gaming and betting, reported PTI. Justice Vinod Diwaker gave the following direction after he observed that the existing Public Gambling Act, 1867, was a colonial-era law that addressed only conventional forms of gambling, like card games. The bench stated that the panel would be headed by Professor K V Raju, the economic advisor to the Uttar Pradesh government. It may include the principal secretary (state tax) as a member secretary and other experts as members. The court's direction came after two persons, including one Imran Khan, sought the quashing of gambling charges and criminal proceedings. The duo was accused of running an online betting racket from home and earning crores of rupees, leading the locals in Agra to gamble away their earnings. The court observed that a law must be enacted to meet the transformative changes in online betting and gaming and took a suo-motu cognisance of the issue. "The Public Gambling Act is a pre-digital law. It makes no mention of digital platforms, servers, or cross-border transactions. Its enforcement is limited to physical gambling houses and has no jurisdiction over virtual gambling environments accessed via mobile phones, computers, or offshore servers," it added. The court observed that the existing law has lost its impact and relevance in the era of online gambling, as there exists no definition or regulation of online gambling. It also highlighted that the law presently only provides for negligible penalties, which do not deter large-scale operations. "There is a lack of clarity on the legal status of fantasy sports, poker, and e-sports. Jurisdictional issues also arise, as online platforms operate across state, national, and international boundaries," the court added. As per the details, the fantasy sports in India are stated to be in a legal grey area, hanging in between the line of games of skill and games of chance. Among other things, the court also flagged the use of psychologically manipulative algorithms, reward systems, and notifications by online gaming platforms to encourage prolonged use. The court said it has led to a rise in gaming addiction, anxiety, depression, and social isolation, especially among adolescents and young adults. "Students are increasingly distracted by online gaming, often at the cost of their academic performance and family relationships. The disruption of sleep cycles, lack of discipline, and social withdrawal are common consequences," the court added. The judge noted several online betting operations function outside India's jurisdiction, with servers located abroad and transactions routed through unregulated channels. This poses challenges for law enforcement and increases the risk of money laundering, financial fraud, and terror funding, it observed. A modern, technology-sensitive legislation was therefore urgently needed to address the psychological, social, and national security implications of online gaming, it added. Citing the merits of the case, the court observed since it involved a non-cognisable offence, the police could not have probed it without an order of the magistrate. In May, the court in its decision quashed the proceedings against the accused but the police was granted the liberty to initiate a fresh investigation after complying with the law.
Hindustan Times
21 hours ago
- Hindustan Times
Allahabad HC asks UP govt to form panel over online gaming, betting regulation
Prayagraj, The Allahabad High Court has directed the Uttar Pradesh government to constitute a high-powered committee to examine whether there was a need to regulate online gaming and betting. Justice Vinod Diwaker's direction came after he observed that the existing Public Gambling Act, 1867 was a colonial-era law that addresses only conventional forms of gambling like card games. The court said the panel would be headed by Professor K V Raju, the economic advisor to the Uttar Pradesh government and may include the principal secretary as member secretary besides other experts as members. The direction came after two persons, including one Imran Khan, sought quashing of gambling charges and criminal proceedings. The duo was accused of running an online betting racket from home and earning crores of rupees leading the locals in Agra to gamble away their earnings. The court observed a law must be enacted to meet the transformative changes in online betting and gaming and took a suo-motu cognisance of the issue. "The Public Gambling Act is a pre-digital law. It makes no mention of digital platforms, servers, or cross-border transactions. Its enforcement is limited to physical gambling houses and has no jurisdiction over virtual gambling environments accessed via mobile phones, computers, or offshore servers," it added. The court observed in the era of online gambling, the existing law has lost its impact and relevance, as there exists no definition or regulation of online gambling. It also highlighted that the law presently only provides for negligible penalties, which do not deter large-scale operations. "There is a lack of clarity on the legal status of fantasy sports, poker, and e-sports. Jurisdictional issues also arise, as online platforms operate across state, national, and international boundaries," the court added. Fantasy sports in India are stated to be in a legal grey area, straddling the line between games of skill and games of chance . The court also flagged the use of psychologically manipulative algorithms, reward systems, and notifications by online gaming platforms to encourage prolonged use. This has led to a rise in gaming addiction, anxiety, depression, and social isolation, especially among adolescents and young adults, it said. "Students are increasingly distracted by online gaming, often at the cost of their academic performance and family relationships. The disruption of sleep cycles, lack of discipline, and social withdrawal are common consequences," the court added. The judge noted several online betting operations function outside India's jurisdiction, with servers located abroad and transactions routed through unregulated channels. This poses challenges for law enforcement and increases the risk of money laundering, financial fraud, and terror funding, it observed. A modern, technology-sensitive legislation was therefore urgently needed to address the psychological, social, and national security implications of online gaming, it added. On the merits of the case against the accused, the court observed since it involved a non-cognisable offence, the police could not have probed it without an order of the magistrate. The court in its decision passed last month quashed the proceedings against the accused but the police was granted the liberty to initiate a fresh investigation after complying with the law.
Hindustan Times
19-05-2025
- Hindustan Times
Constitution does not protect forced or fraudulent conversion: Allahabad HC
Allahabad High Court has observed that though the Indian Constitution gives every citizen the right to freely follow and spread their religion, it does not support forced or fraudulent conversions. Justice Vinod Diwaker observed while rejecting a plea to cancel an FIR against four people accused under the Uttar Pradesh Prohibition of Unlawful Religious Conversion Act, 2021. According to the complaint, the accused tried to convert people to Christianity by offering money and free medical care. The court refused to cancel the case, stating that the charges were serious and valid enough for a police investigation. Also Read | Allahabad HC verdict in Sambhal Jama Masjid dispute case on May 19 In its judgment, the court observed, "India's constitutional framework guarantees the right to religious freedom under Article 25. This Article confers upon every person the fundamental right to freely profess, practise and propagate religion, subject to public order, morality and health. The use of the word 'freely' in Article 25 underscores the voluntary nature of religious belief and expression." "However, the Constitution does not endorse forced or fraudulent conversions, nor does it shield coercive or deceptive practices under the guise of religious propagation," it added. The court maintained that these limitations are essential to ensure that the exercise of religious freedom does not disrupt the societal fabric or endanger individual and communal well-being. "The presumption that one religion is inherently superior to another presupposes the moral and spiritual superiority of one religion over another. Such a notion is fundamentally antithetical to the idea of secularism. Indian secularism is rooted in the principle of equal respect for all religions. The state must neither identify with nor favour any religion, but instead maintain a principled equidistance from all religions and faith," the ruling said. Also Read | Justice Varma's defence in plea rests on proof of money stash Commenting on the 2021 Act prohibiting unlawful religious conversion brought in by the Uttar Pradesh government, the court stated that it was enacted to maintain public order, moral integrity and health in alignment with Article 25 of the Constitution. The May 7 judgment also looked into a legal issue as to whether a police officer can be considered an "aggrieved person" under Section 4 of the 2021 Act. Also Read | Allahabad HC dismisses pleas challenging Prof Naima Khatoon's appointment as AMU VC This section generally allows only the victim or close relatives to file a complaint. The bench clarified that the station house officer can file such FIRs because the law must be read with the Bharatiya Nagarik Suraksha Sanhita provisions that allow the police to act in cognizable offences.
