The Madhya Pradesh High Court recently comprising of a bench of Justice Vivek Rusia and Justice A.N. Kesharwani dismissed a public interest litigation (PIL) seeking a ban on the promotion of online gaming apps by Bollywood actor Shah Rukh Khan and cricketers M S Dhoni, Virat Kohli and Rohit Sharma. (Vinod Kumar Dwivedi v Shahrukh Khan and ors)
The bench remarked, Online gaming is “not banned or prohibited” in the state and whether to play these mobile-based games or not was a matter of “self-restriction”.
The bench further remarked, “No writ can be issued against private persons like Khan, Dhoni, Kohli and Sharma for restraining them from doing any advertisement because it is their profession to earn money.”
Facts of the case
The petitioner, who is a practicing advocate of this Court has filed the present writ petition in the nature of Public Interest Litigation seeking direction(s)/order(s)/writ(s) to enact strict penal laws for prohibition of online games and apps in order to save the youth of the country.
The main grievance of the petitioner was that various online games namely Dream – 11, Teen Patti, KA – 23 etc. are being advertised by respondents No.1 to 4, who are film stars and cricket players of this country. Since they are the role models of the youth of this country, therefore, on their promotion, the youth are playing these online games and losing their money and spoiling their future, hence, the respondents are restrained to do advertisement. According to the petitioner, there should be a strict penal law to control all these online games in the State of Madhya Pradesh. The Government has declared to make a law in the State to regulate online gaming for children, but no such steps have been taken till date. Since lottery and gambling are banned in the State of Madhya Pradesh and due to addiction to this online gaming, one student from District – Khargone committed suicide by leaving a suicide note that he was addicted to the online game Teen Patti to earn money quickly so that he can bring his family members out of the poverty.
The petitioner, who is present in person, submitted that he has filed the writ petition mainly seeking an injunction against respondents No.1 to 4 that they be restrained to promote these games by way of advertisement. The youth of this country are being easily convinced by them and becoming addicted to these games which is not good for their future. The Government should come up with a law to stop these gaming activities.
Courts Observation and order
The bench at the very outset observed, "The concern of the petitioner is in the public interest. Online gaming is not banned or prohibited in the State. It is matter of self-restriction as anything done in excess in an uncontrolled manner becomes injurious to life. No writ can be issued against private persons like respondents No. 1 to 4 for restraining them to do any advertisement because it is their profession to earn money. The petitioner has impleaded them as respondents and there is no such plea and relief to that effect in the writ petition."
The court examining the submissions of parties and documents on record held that it cannot direct the Legislature to enact a law. It further noted that currently, online gaming was not prohibited in India and that enacting a law to regulate the same is within the domain of the Parliament and legislature.
The bench dismissing the petition remarked, "The writ petition suffers from non-joinder of necessary parties as the petitioner has not impleaded any of the owners or operators of these online gaming apps in this writ petition, therefore, without impleading them, no direction can be issued against them. In view of the above, Writ Petition (PIL) stands dismissed"
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