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At present, India only allows betting on horse racing. Should the Government of India accept this recommendation , India will join a growing number of countries that allows sports betting. Having legalised betting in , it has one of the biggest markets in the world. It is estimated that there over 10, betting parlours were set up over the UK within six months after sports betting was legalised.
However, gambling in the UK is not just sports based. There are bets on politics, tv shows, console gaming, and even the royal family. Since , gambling and sports betting has been banned by the US Federal Government throughout the country except for four states.
These four states had already permitted laws on sports betting, and are the only places for playing online legally in the USA. Recently this year, upon a request by the State of New Jersey, the US Supreme Court pretty much dissolved the national law, giving the capability to each individual state in America to have the possibility to form their own laws and regulations on whether sports betting should be allowed.
Having only been legalised, sports betting in Mexico is very popular. With the preferred sport being football, there has been a massive following, which led to a whole range of benefits similar to what is being expected for India. The black market crashed, whilst revenues increased for the State of Mexico. Mexicans are able to bet in their local currency Mexican Peso as well as US dollar.
The two most popular sports for betting are football and baseball. In the world of Indian sports, gambling is generally regarded as a fly in the ointment. The ever-increasing popularity of sportspersons and sports culture has fuelled a thriving culture of gambling.
The American jurist Oliver Wendell Holmes, in his Bad Man Theory, argued that instead of eradicating the evil, the law may instead drive the individual to get involved in it in more illicit manner, causing a greater harm. One of the oldest instances of gambling can be traced back in the great epic Mahabharata where the king, Yudhisthira lost his kingdom along with his brother and wife to his uncle, Shakuni in a game of Pachisi. Yudhisthira believed that such practice was sinful and that it did not involve any skill to which Shakuni replied that gambling, like any other battle, involves skills which help the expert defeat the ignorant one.
The same view is endorsed by many individuals who are either involved in or advocate for the legitimisation of betting in sports. However, the Supreme Court of India has quoted the epic to discourage gambling by observing that the Mahabharata criticises gambling by depicting the miserable state of the Pandavas who had gambled away their Kingdom.
It highlights the role of a superintendent who must be honest and responsible in order to conduct gambling fairly and in turn earn not only a certain percentage of the stakes gained by the winner, but also the amount chargeable for providing the gambler with license, medium for playing etc.
Other ancient texts like Katyayana Smriti and Narad Smriti also discuss the scope of gambling backed by proper safeguards and regulation. In the C19th the British imported gambling on horse races which was regulated by the Calcutta Turf Club in a kind of lottery, but eventually nearly all other forms of gambling were banned in the Public Gambling Act, Whoever is found in any such house, walled enclosure, room or place, playing or gaming with cards, dice, counters, money or other instruments of gaming or is found there present for the purpose of gaming, whether playing for any money, wager, stake or otherwise, shall be liable to a fine not exceeding one hundred rupees.
This did not quash the gambling culture entirely, which continued at a low level for another century, but it caught major attention after the introduction of the shorter formats of cricket and especially the IPL Indian Premium League. Considering its popularity in India, it does not come as a surprise that the IPL ranks at the top of the list for revenue of offshore betting companies.
These numbers cannot make up for the bad reputation that these activities have brought for the Indian sports industry. The involvement of several well known names in the sports industry not only raised questions about the effectiveness of law prohibiting such activities in sports, but interestingly initiated the discussion about the need to legalise betting.
Justice Mudgal, who headed the IPL spot-fixing and betting probe, himself said that legalising betting will be helpful in the generating income for the government by reducing the illegal spot-fixing, betting practices etc. Concepts of morality and righteousness take a backseat when a person is able to bet and win money from their sofa. The practice of sports betting became crystallised and more convenient with the arrival of online betting platforms — especially in the absence of an comprehensive law governing online gambling and betting with the exception of Nagaland and Sikkim permitting gambling on online platforms.
The advent of virtual currency also gave a push to the online gambling market in India until it was banned by the Reserve Bank of India in One of the arguments against legalisation of betting in sports rests on a moral footing. However, law and morality are not synonymous. What the state can and has done to maintain a balance between law and morality is regulation of activities which might not score well on a moral compass for some individuals; for example drinking, smoking etc.
As far as criminalising betting in sports is concerned, we must keep in mind the criminal law can only be involved in case of a public wrong. A gambling or betting transaction takes place between two parties resulting in one party winning and the other one losing and such an arrangement is unlikely to pose a public harm or a threat to morality of the society.
Given the damage to reputation that the Indian sports industry has suffered, it could also be seen as an effort towards restoring the integrity of sports especially popular tournaments such as the IPL in India. Several factors such as societal beliefs, values, religion, economic status, politics at a particular point in time influence the legislative and judicial narrative of a country.
It is important to be acquainted with these factors in order to understand the development in the legislative and judicial approach towards gambling and betting in sports. The Supreme Court of India went from regarding gambling as an evil and emphasising the need of a law to root it out for public interest [xii] to suggesting the Law Commission examine the legalisation of gambling in India [xiii].
In , the Honourable Court while dealing with several allegations levelled against the Board of Cricket Control in India stated that issue of legalisation of sports must be dealt with by the law commission. In July , the th Law Commission of India submitted its reports suggesting Parliament enact a law to legalise and regulate betting in sports.
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