During the last couple of years, the participation mode in the game named Kolkata Fatafat has considerably changed. The paper tickets and cash payments became replaced by playing on the mobile apps, Telegram communities and dashboards with immediate results. Everything seems really convenient until one realizes one detail which many of these apps' users are not aware of. It is the legal status of online Fatafat apps which can be characterized as a grey zone of the Indian gambling law. Let us consider the matter in more details.
The Meaning of the Term "Grey Zone"
When we say that the online Kolkata Fatafat apps exist in the grey zone of the Indian gambling law, we mean something very specific. These apps are neither prohibited nor allowed by the law. The Indian gambling law is based on the Public Gambling Act of 1867 which does not know anything about the Internet; therefore, the Indian law does not regulate the mobile number games. The individual states try to develop their legislation on the topic of online gambling, but the vast majority of them regulate rummy, poker and fantasy sports, leaving satta-type apps in the grey zone.
The "Game of Skill" Defence
This is the most widespread defence for online Fatafat apps when they try to find legal support for their operation. The point of this defence is the necessity of the thorough investigation of number patterns and the prediction of future numbers; therefore, the game is regarded as "the game of skill" and receives greater protection under the Indian law. However, the Indian courts are rather critical towards this type of defence and in most cases, the satta and matka-style games were defined as rather chance-oriented games, and the "game of skill" defence was rejected.
Regional Differences
The legality of the online Fatafat apps depends largely on the region in which the player is located in India. Such states as Tamil Nadu, Andhra Pradesh and Telangana have rather strict legislation which prohibits the online betting platforms with the real money feature, whereas West Bengal has rather old legislation on the matter of gambling. To avoid this trouble, many apps register their operators in the states with less strict legislation. In this way, the same app becomes fully legal in one state and quite doubtful in the other.
The Problem with Payment Gateways
One of the simplest ways to identify the grey zone status of such apps is the problem with the payment gateways. Many online payment systems such as UPI block all transactions if the recipient is related to the satta or betting websites. One can observe many Fatafat apps which use small private wallets, cryptocurrency or the frequent changing of the UPI accounts to perform any payments. It is not illegal per se but the financial system of such apps exists outside the banks' system.
Data and Privacy Issues
Apart from the legal troubles, online Fatafat apps pose a great risk of data and privacy breaches. As the vast majority of such apps is not a registered business entity, they do not follow any data protection laws or cybersecurity standards. It means that the user gives his personal phone number, bank details and personal identification information to some website of which he knows nothing at all.
Conclusion
The online Fatafat apps operate in the sphere which is not prohibited, not allowed and not regulated by the law in any way if we speak about the players. While the grey zone status enables such apps to exist, it leaves the users without any legal protection which they would have in case of gambling on the authorized gambling platform. Everyone who takes part in the game on such websites should know about the legal side of his actions.
