Difference between revisions of "GAMBLING IN INDIA"
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With 1.4 billion of population, India is one of the most interesting and important gambling market for companies, as they see a huge potential in India globally for placing their orders. Gambling is generally defined as betting, gaming or participating in activities which are based on the game of luck and not on the game of skill. Gambling is done in order to win a bigger amount of cash prize or any other prize by wagering some amount of money.
The legislation that regulates gambling in India is the Public Gaming Act of 1867. The Gambling Act is adopted by certain states in India and other states have enacted their own legislation to govern gambling activities within their territories. According to “Jay Video Games and Electrical Vs State of Gujarat” in 2006, it is understood that “the act of wagering or betting” is for money or money’s worth. Gambling under the legislation, does not typically include:- • Lotteries • Wagering on horse race/dog race • Game of mere skills
GAMBLING LEGALITY IN INDIA As gambling Comes under the state list of the 7th schedule of the constitution. So there is no unified law governing the activities of gambling in the states. While some states have a blanket ban where major states of India have Legalized online gambling in casinos are Goa, Sikkim and Daman. According to section 12 of the Public Gambling Act of 1867, game of the mere skills will not be considered as gambling but games of chances will be.
It’s very intriguing to figure out whether a game like poker is a game of skills or game of chance. Such as wagering on cricket, are prohibited while Rummy is permitted as asserted by the court in “Mahalaskshmi Cultural Association, rep by its Secretary Vs The Director, Inspector General of Police, State of Tamil Nadu, Chennai & others” 2012 case. As of now wagering on the couple of games/sports are permitted, that too in some states. Such as horse racing, online poker in states like Goa and Sikkim;online rumming , lottery and couple of other gambling clubs are legal in accordance with the case“K.R Lakshmanan Vs. State of Tamil Nadu 1996.”
ONLINE GAMBLING LEGALITY The Public Gaming Act of 1867, does not mention anything about online gambling. As the use of technology and Internet wasn’t developed then when the act was enforced. It will be very polarized to say that working in a betting site in India is considered illegal under the legislation, however it can be considered as legal assuming the same reason.
The Information Technology Act of 2000 is enforced to make arrangements for different offenses identifying online gambling. Most of the states of India has completely restricted online gambling to keep Indian citizens away from indulging themselves into activities which might violate any law.
In Sikkim however, the policy makers have enforced the “Sikkim Online Gaming (Regulation) Act” 2008 to the public authorities to give licenses to agencies or individuals, who wish to provide services within The territories of the state.
GAMING OF CHANCE VS GAMING OF SKILL Game of chance is defined as the game whose result is influenced by a random number generator in which the participants may choose to bet money for the result. While the game of skill is defined when a person bet on the result which comes out of the skills of another person.
However, the court got confused about the clarity regarding the game of Poker and Rummy, whether these are game of chance or game of skill. Though there is a lack of clear jurisprudence on this matter in India, Texas Hold'emPoker appears to be an increasing trend internationally as a game of skill. Except in the states of Gujarat and Telangana.
Also, any game which involves skill but is played with stakes, would fall within the ambit of gambling.
GAMBLING IN SPORTS Wagering in sports has become a great controversy. Cricket is a very popular sport in the country and it is the game of skill. But betting on it has its own pros and cons. The cons mainly stated that such betting might result in match fixing.
LEGISLATION REGARDING GAMBLING IN INDIA Assam - the Assam Game and Betting Act, 1970 Maharashtra - the Bombay Prevention of Gambling Act, 1887 Goa, Daman & Diu - the Goa, Daman, and Diu Public Gambling Act, 1976. Karnataka - the Karnataka Police Act, 1963 Odisha -the Orissa Prevention of Gambling Act, 1955 Sikkim - the Sikkim Online Gaming (Regulation) Act, 2008 Tamil Nadu - the Tamil Nadu City Police Gaming Rules, 1949 Andhra Pradesh - the Andhra Pradesh Gaming Act, 1974&the Andhra Pradesh Gaming Rules, 1976 Delhi - the Delhi Public Gambling Act, 1955 Jammu & Kashmir - the J.&K. Public Gambling Act, 1977 Kerala - Kerala Gambling Act, 1960 Meghalaya- Meghalaya Prevention of Gambling Act, 1970 Pondicherry - the Pondicherry Gaming Act, 1965 Rajasthan - Rajasthan Public Gambling Ordinance, 1949 Uttar Pradesh - the Uttar Pradesh Public Gambling Act, 1961 West Bengal- West Bengal Gambling and Prize Competitions Act, 1957 & the West Bengal Gambling Rules, 1958
Apart from all these acts, there are some central legislations that are applicable in most of the states to regulate gambling in India. Those acts are The Public Gaming Act, 1867, The Information Technology Act, 2000, and The Payment and Settlement Act, 2007.
CONCLUSION Although, there are various legislation in the country for every state which recognize the activities of gambling as legal act and regulate it. Still the gambling laws in India continue to be confusing and unclear. So it is a now need to form a committee to survey, regulate, improvise the current legislation of the whole country regarding both gambling and online gambling to promote the economic and social well being of the citizens.
Therefore there is a need for initiatives which should be taken from the side of the executives as well as the lawmakers to provide such guidelines.Which would help the country to systemize the system of gambling all over its territories.