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Published: 12:15 AM, 06 October 2019

Amendment to Gambling Law to ban Casino

M S Siddiqui

The economy of Casio is very big and it is an attraction of tourists for fan and amusement. The major casino markets in the world with casino revenue of over US$1 billion as published in Price water house Coopers's report on the outlook for the global casino market. They are licensed and pay tax as per law of the land. There is no statistics on Casino as this is not a business but illegal act under the law. According to media reports, there are 60 illegal Casinos in the capital. Police raided some the clubs and attested some persons involved in those illegal operation of Casinos. There is a general perception that Housie is legal but Casino is illegal. But Housie is a very common gambling in almost all the social clubs in the country. Casino is defined as a business establishment for which the primary business is gambling, having various types of gambling tables, such as blackjack or roulette, and usually also slot machines, and sometimes other forms of gambling, such as poker; also, the main room of such an establishment where the gambling is conducted; as, the Trump casinos in Atlantic City. It is also called a building or room used for meetings, or public amusements, for dancing, etc., sometimes having gambling tables or devices. A casino is a facility for certain types of gambling. Casinos are often built near or combined with hotels, restaurants, retail shopping, cruise ships, and other tourist attractions. Some casinos are also known for hosting live entertainment, such as stand-up comedy, concerts, and sports.

Bangladesh's population is around 90% Muslim, Islam make gambling haram and society also not accept it from moral point of view. It may be noted that Malaysia and Indonesia have casino, where foreign tourists are allowed to enter after showing their passports. Until recent time, Casino was banned in Singapore, a non-Muslim country. Singapore is a city of tourist and they used to go to Malaysia or Indonesia to play Casino. After the economic recession in 2001, there was an opinion that Singapore should allow Casino to keep the tourist for longer period. There was debate over impact on society and law &order. After a long debate and consultations for about 10 years in the Parliament and consultations with all stakeholders and civil society, government allowed to construct Casino house. Article 18(2) of the Constitution of Bangladesh says, "The State shall adopt effective measures to prevent prostitution and gambling." Therefore, gambling is a illegal act but not business. Besides, Sections 3, 4, 13 of the Public Gambling Act, 1867, define gambling as a criminal and punishable offence. On the other hand, there is a loophole in the Public Gabling Act of 1867 as the word of casino did not include into the act although Housie is banned by the law. This law was enacted in 150-year ago considering the aspect of that time although the "instruments of gaming" includes any article used as a means or appurtenance of, or for the purpose of carrying on or facilitating, gaming etc. Even, bet on public fighting of birds and animals in banned by the law. The Public Gambling Act- 1867 regarding the gambling is not sufficient as section 3 of this act mentioned that the gamblers and their assistants shall be liable, on conviction before any Magistrate, to a fine not exceeding one hundred taka or to imprisonment of either description, as defined in the Penal Code, which is very nominal. The law enforcers filed cases against the arrestees under the Firearms Act, the Narcotics Control Act and Money Laundering Act as there was no explanation regarding the casino into the Public Gambling Act- 1867. In 2006, two eminent lawyers of Supreme Court has file a petition citing the DMP Ordinance 1976, Chittagong Metropolitan Police Ordinance 1978 and Public Gambling Act 1867 said that any kind of gambling is illegal. But some 13 clubs arrange gambling for their members. mainly cards, dice and housie playing in exchange of money, wager, stake or any other benefits. Even they have to put the related information on their websites. Acting on a writ petition, the HC issued the rule asking the authorities concerned of the government to explain in four weeks why they should not be directed to take action against unlawful business and other indoor games in which people gamble their money on cards, dice, etc. The HC also directed the government to immediately stop such gambling at 13 big clubs. The 13 clubs are Dhaka Club, Uttara Club Ltd, Gulshan Club Ltd, Dhanmondi Club Ltd, Banani Club Ltd, Officers' Club Dhaka, Ladies' Club Dhaka, Cadet College Club Dhaka, Chittagong Club Ltd, Chittagong Seniors' Club Ltd, Narayanganj Club Ltd, Sylhet Club Ltd and Khulna Club Ltd.Later on December 11, 2016, the Appellate Division of the Supreme Court stayed the High Court order on a leave-to-appeal petition filed by the Dhaka Club authorities and directed the High Court to dispose of its earlier rules in eight weeks. In the absence of any headway in disposal of the rules in the last more than 2 years, the stay order of the Appellate Division remains valid. Following the court order, the clubs can resume their activities for the time being until there is a final High Court ruling on the issue. Now these clubs are continuing the Housie in all the clubs.

On the other hand, Casino materials are not included in the list of import-prohibited products. But, our constitution has banned the import of such equipment. Government is going to stop the import of casino materials and by this time the chainman of NBR 'verbally' stopped release of any further consignments of Casino equipment. NBR will also take steps for bringing necessary amendments to the existing import policy aimed at stopping the import of casino materials for good. The Customs Intelligence and Investigation Directorate (CIID) of NBR is searching to bring the importers of casino materials to light although import was not banned as such till date. The government is also contemplating to enactment of a time-befitting law banning all kinds of card, casino, dice and housie, which are being played involving huge amount of money. Law Minister Anisul Huq said that the government is thinking of updating the Public Gambling Act-1867 taking into consideration the present scenario in this regard. Bangladesh's Civil Aviation and Tourism Ministry Secretary, held a press conference recently in Dhaka to announce plans to create "exclusive tourist zones" in which casino operations will be accessible by "foreign tourists" who can present an international passport. The government would also set up such zones in Khulna, Bagerhat and Satkhira, centring the Sundarbans and targeting foreign tourists. The technology is ahead of what we think. A great many people use their smartphones or tablets. For them they have the opportunity to enjoy a mobile casino. This is an online casino that has been configured to operate on small devices. Many of the online casinos offer this version of play. Those online casinos are properly licenced by the gaming authorities. The same applies for mobile casinos. According to a news at 'mobilecasinorank' citizen of Bangladesh can enter casino through their smart phone. The Casino may be expressly ban by amending The Public Gambling Act- 1867 and other gambling but allow Casino for foreign visitors. The import policy may also amend to restrict import of instruments of Casino only for club serving overseas nationals. The writer is a legal economist Email: mssiddiqui2035@gmail.com