IS GAMBLING LEGAL IN INDIA

IS GAMBLING LEGAL IN INDIA?

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What is Gambling?

Gambling, the betting or staking of something of value, with consciousness of risk and hope of gain, on the outcome of a game, a contest, or an uncertain event whose result may be determined by chance or accident or have an unexpected result by reason of the bettor’s miscalculation.

The outcomes of gambling is decides by chance alone, it is purely based on outcomes of gambling games, it can be either rolling of dice, can be based on a card games, there are many more examples of gambling which is based on luck or chance. People even place their money on many events of happening or not, for example on the outcomes of a cricket match, or even a horse race or anything oh happening or not. Gambling sometimes can be based on making strategy and doing a sometimes some people do a lot of research. A gambler may sometimes be involved in game directly like playing poker or picking up a random number or playing any kind of game which is totally based on chance, luck or strategy.

Gambling in India

In India gambling traces can be found from very ancient time like in the ‘Mahabharata’ we all know the story and we all remember how the Kauravas and Pandavas played a game which was purely based on luck and they wagered something valuable in that game. So we can say that gambling was done before in ancient time also.

Now Gambling in India is included under Public gambling act, 1867. This act regulates governs all the gambling activity that happens in India. Now this act does provide us law for gambling but what does it not provide is law against online gambling, online gambling is still a matter of question for Indian judiciary. Gambling itself is illegal in many states in India but since there is no particular law regarding online gambling in India, people use this loophole for betting online or gambling online.

Online betting in India can be considered legal as there is no such laws which make online betting illegal. Most of the online betting website are foreign countries website, countries in which online betting is considered as legal and they have specific laws regarding online betting. Website like Betway, Bet365, 10Cric, Comeon and many more online website have used this loophole for their advantage and are still running without interruption from the government. Online betting as a matter of fact is a very serious situation for Indian Judiciary.

In India there is a law passed by center about Gambling but the state can also pass gambling laws for their state which have to be followed by the state and its people.

Indian Gambling act does not specifically defines gambling, rather it defines common gaming house any house walled enclosure, room or a place in which cards, dice, tables or other instrument of gaming are kept used for the profit or gain of the person owing, occupying using or keeping such house, enclosure, room or place, whether by way of charge for the use of the instrument of gaming, or the house, enclosure, room or place or otherwise howsoever. In this act many other terms such as gaming is also defined. This act was passed in 1867 way before first computer and much before the use of internet, so this act does not cover online gambling or online gaming.

There are some states in India which do allow Gambling house to run legally which are Daman, Goa and Assam. These three states have legally allowed casino’s in their state.

Gambling laws in India is still a developing part for Indian constitution, mostly in part of online gambling. Online gambling is still a big flaw, which should be covered by any new act or by making amendments.

First I will be covering demerits because for me gambling if legalised and is practiced or done in controlled manner can be very useful for the economy.

Demerits of gambling

There are many demerits of gambling if made legal:-

  • First, it will have a bad impact in our society. Indian society from the beginning has a typical culture in which gambling is not acceptable as a good work to do.
  • Second, many people who cannot control or do not have control over their gambling habit will eventually at some point lose their money and will have a greater chances of loosing what he have as an asset because gambling is like an addiction once done by wrong person with no self control can lose almost everything he owns.
  • Third, gambling can lead to violence in home or anywhere else mostly it will lead to Domestic Violence, which will have a bad impact on children, wife or on anyone present in the family.
  • Fourth, it will create a lot of unemployment because more persons will be involved in gambling and it will be seen as easy money which will attract a lot of people.
  • Fifth, it will lead to huge corruption because of gambling will lead to fixing and eventually corruption will happen.

Merits of Gambling

Now let us see merits of gambling, if it is made legalized in India:-

  • First, it will help to boost Indian economy because if it is legalized then it will create huge revenue which will help Indian economy. If done legally then Indian economy will have a great impact and have a positive side.
  • Second, it will create a lot of employment because there will be a lot of sectors which will see a boost in employment. New sectors will also be created because of this which will also lead to huge employment.
  • Third, less black money because if made legal there will be no use of illegal market and many black money will become white.
  • Fourth, international company will be less profited and more profit will be seen by Indian company.
  • Fifth, more tourist attraction which will lead to growth of the country.

Now you have seen both positive side and negative side of gambling if made legal. Gambling has both positive and negative side. Indian gambling law really needs to change and new law should be passed as soon as possible.

-Vaibhav Prakash.

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