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.

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