India’s Supreme Court Hears Case to Revive Maharashtra Casinos Act

A legal case in India seeks to bring back the Maharashtra Casinos Act, 1976. 

Nearly two months after the Bombay High Court rejected it, the case has reached the country’s Supreme Court.

Petitioner Challenges Repeal, Seeks Casino Licensing Rights

The Maharashtra Casinos Act proposes a licensing framework for gambling establishments that prohibits the play of casino games outside of licensed venues. It would also obligate licensed venues to pay a gambling tax.

A petitioner seeking to operate casinos in Maharashtra under the entity Dyutbhumi Hotels and Resorts Pvt Ltd, formerly Mumbai Gambling Management Pvt, brought it before the Supreme Court.

Despite previous attempts to make the Act law, it was passed but never implemented.. In 2023, the state government repealed it. However, the petitioner argues that the repeal contravenes India’s constitution.

The court responded by claiming that the regulation was never acted upon and was instead “deeply buried.” It also called attempts to revive it an “impossibility” and “a far-fetched expectation.”

 The petitioner also seeks to review its application to operate casinos in the state. However, on 21 April, the Supreme Court decided to adjourn the case for two weeks.

The court also revealed that an application was filed to exempt the petitioner from providing a copy of the previous judgment. 

History of the Maharashtra Casinos Act

The Maharashtra Casinos Act, 1976, was drafted as the state noticed increased tourist traffic. Legalizing gambling was seen as a way to raise additional tax revenue. However, despite the Act being passed into law, casinos never proliferated throughout the state.

The question surrounding legalized casinos arose again in 2015, after a directive from the Delhi High Court, but the state government decided against it. Subsequently, the act was repealed in 2023.

Betting remains prohibited in Maharashtra under the Bombay Prevention of Gambling Act of 1887. There are only two exceptions — horse race betting and games of skill betting. Other forms of gambling cannot be legally accessed or provided without the Maharashtra Casinos Act becoming law.

However, betting is allowed in several other parts of the country, including Goa, Daman, and Sikkim. This is possible thanks to India’s Constitution, which gives states the exclusive power to make laws on matters related to betting and gambling.

Online casino operators were frustrated last year when the government refused to lower the 28% GST levy. The levy was increased from 18% previously, and attracted vast criticism from industry stakeholders. 

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 A legal case in India seeks to bring back the Maharashtra Casinos Act, 1976.  Nearly two months after the Bombay High Court rejected it, the case has reached the country’s Supreme Court. Petitioner Challenges Repeal, Seeks Casino Licensing Rights The Maharashtra Casinos Act proposes a licensing framework for gambling establishments that prohibits the play of
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