Betting/Gambling In India- will be Legalized?
What if betting will b legalised in India?
Have you guys ever thought for the same?
Lets discuss:
Definition:
What we do actually
mean by word "betting". As per
Oxford dictionary it stands for " The action of gambling money on the outcome of a race, game, or other
unpredictable event" . So, as per definition the essentials of
betting can be construed as:
1. Pre-Requisite
condition of money (Paid-in consideration)
2. Game of chance
(result is based totally upon chance)
3. Outcome- profit or
loss of money
But is this the only
truth, I think so it is not as may be
there must be some sort of games which does not involve any paid-in
consideration but there outcome is dependent upon the chance but on other they
involve certain sort of skill gaming. This aspect has been elaborately
discussed by me in my blog that can be read via this link: https://xplorehub.blogspot.com/2018/06/online-games-gambling-or-not-in-india.html
Worldwide Scenario:
The worldwide scenario
of betting is totally different from what it is in India. The worldwide
countries can be out into three categories.
· Where
betting is legal.
· Where
betting is not legal but no one cares if citizens play the same in foreign
countries
· Where
betting is legal in some parts of their country.
Europe:
It is the nicest place
to visit for betters (their heavens) as here betting is perfectly legal and
regulated. The biggest betting markets are UK, Spain and Germany where land
based casinos and online betting is legal and regulated.
Albania, Bulgaria,
Belgium, Norway, Portugal, Romania all have legalized betting. If you live in these
you can place bets anytime or anywhere you like.
America:
Here with the exception
of US, whole of the North America is pretty okay with betting as both the
Canada and Mexico have legalized and regulated all forms of gambling. The
states however are not able to decide whether they love gambling or not. Like
State of Nevada is completely fine with it while other don't follow the suite.
Australia:
Australia is pretty
clear on the issue like UK and as its land based and online casinos licensed
and taxed. You can have slot machines, poker machines, online betting, online
bingo and can engage pretty much type of gambling here. (don't forget to meet kangaroos they may might like it tooo......just
joking)
Asia:
Now coming to Asia, it
is whole as pretty complicated. Asia have drastically different laws from
country to country. Singapore is completely fine with gambling while Japan is
having clear anti stance.
INDIAN SCENARIO:
Gambling is ubiquitous
in India, you can see people betting in game of cards, bull race, animal fight
etc.
Although, In India
betting or gambling is a state subject and each state are free to frame there
own rules. Like Daman, Goa & Sikkim are the
only states from the 29 states in India where gambling is legalized.
Infact first casino in Goa opened in 1999 ( If you are so keen for gambling you can book
ticket to Goa). The main
reason behind the legality of gambling or betting in these states is foreign
tourist attraction as gambling is legal in many of the foreign jurisdictions.
The Indian law although
differentiates between game of
skill and game of chance. The Supreme Court of India has, for instance, held
that:
The game of Rummy is not a game entirely of chance like the
‘three-card’ game mentioned in the Madras case to which we were referred. The
‘three card’ game which goes under different names such as ‘flush’, ‘brag’ etc.
is a game of pure chance. Rummy, on the other hand, requires a certain amount of
skill because the fall of the cards has to be memorised and the building up of
Rummy requires considerable skill in holding and discarding cards. We cannot,
therefore, say that the game of Rummy is a game of entire chance. It is mainly
and preponderantly a game of skill.
Online
games like India bet365, Dream 11 are not betting as they involve "mere
skill" of choosing players or team although outcome of the game depends
upon the chance but choosing of player or team based on data provided of
players based their past performances, average, form etc. involves certain skill
and hence, cannot be termed as form of betting.
It has
been confirmed by Punjab and Haryana High Court in Varun Gumber Vs UT of
Chandigarh & Ors case and has provided relief to fantasy sport players.
Whether India will Legalize Gambling:
The massive gambling is
happening in India and day to day cases are being heard. It is one of the most
potent source of Black money and legalizing it will curb underground movement
of black money and will bring it under the tax net.
As per KPMG 2010 report
the total betting market in India is of $60 billion. Also the regulation of it
will lead to employment as can be taken inference from US where 1 lakh people are employed.
Industry lobby body FICCI estimated in a 2013 report that
the underground market for betting on cricket is roughly worth Rs 300,000
crore. The tax revenue from that would be around Rs 10,000 crore, according to
the All India Gaming Federation (AIGF) which has been pitching for legalising
betting on the lines of horse racing, which is regarded as a game of skill and
not chance.
"Legalising betting on cricket will also bring in a substantial amount of FDI. Setting up a gaming commission will promote responsible gaming and prevent money laundering,” Roland Landers, CEO of the AIGF said. “Merely by taxing betting at 20%, the government can earn thousands of crores every year,” he added.
"Legalising betting on cricket will also bring in a substantial amount of FDI. Setting up a gaming commission will promote responsible gaming and prevent money laundering,” Roland Landers, CEO of the AIGF said. “Merely by taxing betting at 20%, the government can earn thousands of crores every year,” he added.
But there are several
other concerns that determine the situation of Legalizing gambling in India,
like given below:
Moral Concerns:
In India gambling is
not morally correct and it is against the set standards of morality as it will
also lead to bad precedent in society and will lead to bankruptcy, loss of
livelihood and addiction.
Several Indian States
like Telangana and Assam has banned online gaming also stating it to be against
the moral standards and explaining it as betting.
Other Problems in
Legalizing:
If parliament wishes to
legislate on the subject, it will be difficult to do so as subject of gambling
figures in state list and to do so constitution of India has to be amended
first so that gambling can figure in the Concurrent List.
The problem of online
gaming cannot be amended by merely amending Information Technology Act, as
being a state subject it involves a great challenge.
CONCLUSION:
Critics
of gambling claim that it leads to crime, corruption and money laundering. Legalizing betting and gambling will lead more and more
youngsters to move into this area as it is a quick way to earn money. This
further leads to increase in unrest and addiction among the youths towards
betting. Increase in violence and crime rates will be rampant. while proponents of regulated gambling argue that it can be a
huge source of revenue for the state.
It's a long way ahead
for Indian Law to travel for legalizing of Betting s it puts ahead a roadblock
of challenges including moral issues, constitutional amendment issues. It
will be great adventure in seeing the
things getting unfolded and how the system reacts to these roadblocks.
Betting/Gambling In India- will be Legalized
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