Gambling and Betting Laws in India: An Overview
Introduction
The recent betting scandal involving cricket, India's most beloved sport, has reignited the debate over the legalization and regulation of gambling and betting in the country. Indian laws currently reflect a stance that views games of chance and probability as immoral and harmful. This article provides an overview of the legal framework governing gambling and betting in India.
Central and State Legislations
- Constitutional Framework: The Constitution of India, under the Seventh Schedule, List II (State List), grants State Governments the authority to legislate on gambling and betting. Before independence, the Public Gambling Act of 1867 governed these activities, prohibiting games of chance while excluding "games of skill."
- State Laws: Post-independence, most states have enacted laws based on the Public Gambling Act, 1867. Notable state laws include the West Bengal Gambling and Prize Competition Act, 1957, the Bombay Prevention of Gambling Act, 1887, and the Punjab Public Gambling Act, 1961. While most states prohibit gambling and betting, Goa and Sikkim have legalized various forms of these activities.
- Goa and Sikkim: These states allow the establishment of casinos. The Goa, Daman and Diu Public Gambling Act, 1976, permits electronic amusement games and table games in five-star hotels and offshore vessels. Sikkim's Casino Games (Control and Tax) Rules, 2002, and the Sikkim Regulation of Gambling (Amendment) Act, 2005, authorize the operation of casinos and grant licenses for gambling houses.
- Maharashtra: The Maharashtra Casino (Control & Tax) Act, 1976, was passed but has not been enforced.
- Online Gaming in Sikkim: The Sikkim Online Gaming (Regulation) Act, 2008, legalized online gaming, including poker and online casino for example WinINR. An amendment in 2009 extended this to online sports betting, making Sikkim the only state in India to permit such activities.
Game of Chance vs. Game of Skill
- Legal Distinction: The Public Gambling Act, 1867, exempts games of skill from its provisions. This has led to varying interpretations of what constitutes a "game of skill."
- Supreme Court Rulings: In Dr. K.R. Lakshmanan vs. State of Tamil Nadu, the Supreme Court ruled that horse racing is a game of skill. Similarly, in State of Andhra Pradesh vs. K. Satyanarayana, the Court held that rummy is primarily a game of skill, unlike games of pure chance like "flush" or "brag."
- Recent Cases: In Mumbai, senior citizens were arrested for playing rummy and bridge, but the Bombay High Court ruled that these games are skill-based and thus not gambling.
Conclusion
The Supreme Court has clarified that horse racing is a skill-based sport, and betting on it is legal. However, betting on other sports, particularly cricket, remains a grey area. The recent cricket betting scandal highlights the prevalence of sports betting, despite its uncertain legal status. The Union Law Ministry is considering legislative measures to address dishonest practices in sports. It is evident that current laws are out of sync with societal trends, and changes may be imminent, either through legislative amendments or judicial rulings.