Feature
SC to examine if penal provisions on criminal defamation valid
New Delhi: The Supreme Court on Wednesday said that it would examine the constitutional validity of the Indian Penal Code’s sections 499 and 500 providing for criminal defamation, even as the central government defended the penal provisions.
As a bench of Justice Dipak Misra and Justice Prafulla C. Pant took up a batch of petitions questioning the constitutional validity of sections 499 and 500 of IPC, Attorney General Mukul Rohatgi contended they were required as a “deterrent” to irresponsible speech.
His contention came as the court heard a batch of petitions including by Congress vice-president Rahul Gandhi, Delhi Chief Minister Arvind Kejriwal and Bharatiya Janata Party leader Subramanian Swamy seeking that sections 499 (defamation) and 500 (punishment for defamation) and section 199(2) of the Criminal Procedure Code be declared unconstitutional.
Rohatgi told the court unlike Britain where such cases are decided very fast, in India, it takes 10 to 20 years to decide them and there were sufficient safeguards in constitutions’s article 19(2) imposing reasonable restrictions of the right to free expression and speech guaranteed under article 19.
The restrictions include in the interest of sovereignty, integrity and security of the country, friendly relations with foreign countries, defamation or incitement to an offence.
Addressing the plea by Rohatgi and amicus curiae T.R. Andhyarujina that the matter be referred to the larger bench as challenge to the two IPC sections was in the context of article 19(2), the court said: “In our considered opinion, the said facet shall be addressed to and dealt with while dealing with the merits of the case.”
To the submission by the petitioner’s lawyers that criminal defamation has been done away in many countries, it said: “Be it noted, a contention has been raised that in number of countries, criminal defamation has been abolished. The question, thus, emerges whether abolition of such a criminal action in other countries can really have any impact or effect when this court adjudges or decides the constitutional validity of a statutory provision, regard being had to our written, controlled and organic constitution.”
Directing the hearing of the matter on July 14, the court asked the central government to respond to the pleas by July 11.
Gandhi has challenged validity of the penal provisions in the wake of criminal defamation suit filed against him for his speech about the RSS and the assassination of Mahatma Gandhi on March 6 last year, while the Tamil Nadu government filed criminal defamation against Swamy for making comments critical of the then chief minister J.Jayalalithaa.
Senior counsel Amit Sibal initiated criminal defamation against Kejriwal and other Aam Aadmi Party leaders for alleging conflict of interest as he had appeared in the Supreme Court for telecom firm Vodafone while his father Kapil Sibal was communications minister.
Originally the apex court was moved by Swamy contending that sections 499 and 500 provided travelled beyond article 19(2).
Entertainment
Meghalaya Reserves Legalized Gambling and Sports Betting for Tourists
The State Scores Extra High on Gaming-Friendly Industry Index
Meghalaya scored 92.85 out of 100 possible points in a Gaming Industry Index and proved to be India’s most gaming-friendly state following its recent profound legislation changes over the field allowing land-based and online gaming, including games of chance, under a licensing regime.
The index by the UK India Business Council (UKIBC) uses a scale of 0 to 100 to measure the level of legalisation on gambling and betting achieved by a state based on the scores over a set of seven different games – lottery, horse racing, betting on sports, poker, rummy, casino and fantasy sports
Starting from February last year, Meghalaya became the third state in India’s northeast to legalise gambling and betting after Sikkim and Nagaland. After consultations with the UKIBC, the state proceeded with the adoption of the Meghalaya Regulation of Gaming Act, 2021 and the nullification of the Meghalaya Prevention of Gambling Act, 1970. Subsequently in December, the Meghalaya Regulation of Gaming Rules, 2021 were notified and came into force.
All for the Tourists
The move to legalise and license various forms of offline and online betting and gambling in Meghalaya is aimed at boosting tourism and creating jobs, and altogether raising taxation revenues for the northeastern state. At the same time, the opportunities to bet and gamble legally will be reserved only for tourists and visitors.
“We came out with a Gaming Act and subsequently framed the Regulation of Gaming Rules, 2021. The government will accordingly issue licenses to operate games of skill and chance, both online and offline,” said James P. K. Sangma, Meghalaya State Law and Taxation Minister speaking in the capital city of Shillong. “But the legalized gambling and gaming will only be for tourists and not residents of Meghalaya,” he continued.
To be allowed to play, tourists and people visiting the state for work or business purposes will have to prove their non-resident status by presenting appropriate documents, in a process similar to a bank KYC (Know Your Customer) procedure.
Meghalaya Reaches Out to a Vast Market
With 140 millions of people in India estimated to bet regularly on sports, and a total of 370 million desi bettors around prominent sporting events, as per data from one of the latest reports by Esse N Videri, Meghalaya is set to reach out and take a piece of a vast market.
Estimates on the financial value of India’s sports betting market, combined across all types of offline channels and online sports and cricket predictions and betting platforms, speak about amounts between $130 and $150 billion (roughly between ₹9.7 and ₹11.5 lakh crore).
Andhra Pradesh, Telangana and Delhi are shown to deliver the highest number of bettors and Meghalaya can count on substantial tourists flow from their betting circles. The sports betting communities of Karnataka, Maharashtra, Uttar Pradesh and Haryana are also not to be underestimated.
Among the sports, cricket is most popular, registering 68 percent of the total bet count analyzed by Esse N Videri. Football takes second position with 11 percent of the bets, followed by betting on FIFA at 7 percent and on eCricket at 5 percent. The last position in the Top 5 of popular sports for betting in India is taken by tennis with 3 percent of the bet count.
Local Citizens will Still have Their Teer Betting
Meghalaya residents will still be permitted to participate in teer betting over arrow-shooting results. Teer is a traditional method of gambling, somewhat similar to a lottery draw, and held under the rules of the Meghalaya Regulation of the Game of Arrow Shooting and the Sale of Teer Tickets Act, 2018.
Teer includes bettors wagering on the number of arrows that reach the target which is placed about 50 meters away from a team of 20 archers positioned in a semicircle.
The archers shoot volleys of arrows at the target for ten minutes, and players place their bets choosing a number between 0 and 99 trying to guess the last two digits of the number of arrows that successfully pierce the target.
If, for example, the number of hits is 256, anyone who has bet on 56 wins an amount eight times bigger than their wager.