Right to Profession or Trade
Context:
The Central Government has filed an affidavit in the Supreme Court justifying the introduction of the Promotion and Regulation of Online Gaming Act.
The government argued that online money gaming (OMG) entities have no fundamental right to trade or profession under Article 19 if it comes at the cost of human lives.
It was highlighted that an estimated 45 crore people have been negatively affected by online money games, facing a financial loss of more than ₹2,000 crore.
Scope of Article 19(1)(g)
Article 19(1)(g) of the Constitution guarantees all citizens the right to practise any profession, or to carry on any occupation, trade, or business.
This right is not absolute.
Under Article 19(6), the State can impose reasonable restrictions in the interest of the general public.
Res Extra Commercium:
The government contends that activities causing widespread harm (such as addiction, fatalities, and terror financing) do not enjoy protection as legitimate trade.
There can be no right to a profession that compromises human lives or national security.
Promotion and Regulation of Online Gaming Act
The Act was introduced to curb the rapid spread of online money games which pose serious risks to individuals, families, and the nation.
It aims to ban unregulated online money gaming activities that involve wagering and real-money transactions leading to financial ruin and addiction.
Online games are classified as e-sports, Online Social Games and Online Money games (OGM).
Offences and Penalties
Offering online money games: Up to 3 years imprisonment and ₹1 crore fine
Advertising banned games: Up to 2 years imprisonment and ₹50 lakh fine
Offences are cognisable and non-bailable
Key Concerns over OMG Platforms
Money sourced through these platforms is often laundered or used to fund terrorism and other economic offences.
Identity theft and personal data compromise: Interactions with unknown players expose users to predators, spyware, viruses, and worms.
The popularity of OMGs post-COVID coincides with an uptick in cybercrime and illegal loan app fraud.