Gambling is prevalent in India; it starts on the streets and can entail large quantities of money. Cockfights, playing cards, horse racing, and cricket are the most common bets. Though the culture has modified its outlook on gambling's definition, Irish philosopher Edmund Burke claimed that "Gambling is a principle inherent in human existence."
Our country's laws have not kept up with the times. Gaming is as ancient as humanity, and people's attitudes toward betting and gambling have changed over time and space.
Since imposing harsh penalties for gaming and betting, regulations have failed to deter individuals from engaging in such activities. Gambling is religiously and constitutionally frowned upon because those who participate in gambling, as well as their friends, suffer potentially fatal consequences.
This practice entails a high degree of risk because the result is volatile. The method of transactions requires money and property. With the advancement of internet technologies, new dimensions for handling gambling payment forms have opened up.
To meet the demands of the gambling industry, a new global market has been developed. As a result, betting and gaming rules should be closely scrutinized to shield parties from serious repercussions.
Gambling was also a significant part of Indian mythology; great epics such as the Mahabharata and Ramayana portrayed gambling as a standard and primary entertainment mode. Yudhishtir, the eldest of the Pandavas, was a gambler in the Mahabharata, and it is said that he lost his entire realm, queen, and brothers in a game of dice.
“Gambling was practiced in ancient India, according to the mythological tale of Nala and Damayanti. In reality, ancient India enacted laws to govern it6. Yagnavalkya, the NaradaSmriti, and Kautilya, for example, all called for gambling to be controlled by the state.” (2018, India)
Given the extent to which ancient India's civilization was engrossed in the act of gaming, laws were enacted to govern it. On the other hand, gambling is described by Manusmriti as an act of open fraud, betrayal, and embezzlement of money, prestige, and social standing. The Indian Law Commission prepared a study on gambling's legalization in India, and one of the report's chapters focused on gambling's roots. This chapter on gambling's origins concentrated mainly on mythological events and texts; however, the LCI study on gambling legalization in India argued that gambling is a social sin that has been shunned by society.
Considering mythology to be reality was a significant error in the report; mythology is a compilation of tales founded on spiritual stories and fictional characters. No certainty in these tales has ever been proved, while history collects events backed by credible evidence.
There can be no distinction between the two because history and mythology are two distinct concepts spanning different time cycles, with history being constrained by real-time periods and mythology being unconstrained by time and confirmation of the event's existence.
Mythological events and texts may be used to frame customs and personal rules. Still, gaming has no place in customs or personal laws because laws concerning these activities are outside mythological origins. As a result, any mythological roots are superseded by court decisions.
Furthermore, the inclusion of gambling and betting in Entry 34 of List II of the Seventh Schedule sparked a lively discussion in the Constituent Assembly, with some members protesting the concept of incorporating gambling and betting in the lists because they considered it to be a felony, and these claims by constituent assembly members that the inclusion is unacceptable are purely based on their personal views.
Nonetheless, B.R.Ambedkar disagreed with the other Constituent Assembly members on gambling's inclusion in the lists, believing that omitting these actions would do more harm and that not including them in the plans would not regulate gambling but only enhance it. He was convinced that including gambling on the list would aid in the formulation of legislation to govern gambling. He was well aware that gambling is not just an evil activity but also a massive industry in and of itself.
The Law Commission of India must concentrate on credible sources aligned with and relevant to modern society. This will aid in the formulation of effective laws and the regulation of gambling in the region.
Gambling and betting were considered state matters, but our country's long-standing legislation was derived from the British Public Gambling Act of 1867. Although the United Kingdom legalized betting and gambling decades ago, India is progressing at a glacial rate toward gambling legalization. The Law Commission of India's report is a significant move forward in the legalization of gambling.
What are the benefits of legalizing gambling in India?
Gambling should be allowed in India for several reasons. "Gambling is illegal in India, and it is said to be run by underworld syndicates that use the money made from gambling to fund nefarious acts such as terror funding.
Legalizing the practice would not only serve to eliminate a significant stream of black money used by criminal groups, but it would also draw in a substantial volume of cash to the state treasury, which will be used for several positive social programs." (Kanade, V.M., 2018)
The money that circulates in the gambling world is a potential global market. The cash produced by these operations, if properly managed, can transform the Indian economy. If sports betting is allowed, the country will be able to raise large quantities of tax revenue. To start sports betting, discover best sports betting sites.
Furthermore, allowing internet poker websites and casinos will result in a significant rise in tax revenue. A supervised gaming industry will also expand job opportunities.
According to surveys, the United States' gambling industry employs 2.5 lakh employees, while the gambling industry in the United Kingdom employs almost 1 lakh people. A nation with a large population, such as India, could use the legalization of gambling to reduce unemployment.
States such as Sikkim and Goa have already legalized gambling to some degree, and the tax revenue created by gambling casinos is taking in huge sums of money to the state governments.
The Special Commissioner of Delhi Police said that legalization would not only control the economy and increase jobs, but it will also "give protection to minors and vulnerable citizens against unwise betting."
"Since the government will collaborate with betting companies rather than against them, legalizing betting will almost certainly limit fixing. Betting companies would not promote match-fixing unless they wish to make money and will be held accountable to the authorities." (Kaushik, 2013)
Why is it that gambling is not legal in India? Gambling is seen as a game of corruption in Indian culture, and gamblers end up losing a lot of money to win more, and the cycle continues. Gambling, according to Indian culture, leads to addiction, lack of life, and bankruptcy.
Gambling can be a stress-relieving game, but it sometimes does the reverse. Gambling starts as a stress-relieving activity, but it soon devolves into a mindless splurge of money and time. To put it another way, a move that is meant to be a stress relief invites issues.
Gambling can often lead to criminal activity; vast sums of money spent can leave an individual unemployed, leading to illegal activity; individuals who gamble often are often seen quitting their employment and professions.
Gamblers' and their families lives are put in jeopardy due to a shortage of money to settle debts. Gambling is often thought to be a risky act; while there is a chance of winning a large reward, the vast likelihood of losing the bet outweighs the chance of winning a large prize.
Casinos often measure chances before a bet starts to ensure that they are on the winning hand. However, a very unusual opportunity exists for someone who wins anything and loses none.
“Gambling is a highly addictive activity. Many individuals resort to gambling as an attempt to recoup funds they have already spent. This is referred to as "chasing loses." It leads to people betting increasingly large amounts of money, the bulk of which they will lose. Gambling addicts often resort to illegal activities to support their addiction. It is unethical for the government or foundations to profit from people's folly.
Gambling taxation is a regressive tax, which means that the poor pay a higher percentage of their taxes than the wealthy. As a result, poor citizens are more likely to gamble, and regressive taxation is profoundly unjust. (Gambling and casino gambling should be prohibited., 2014)
Since gamblers and officials operate together rather than against each other, legalizing betting would reduce match-fixing. Gamblers will not commit any crimes because their primary motivation is to win, and every action they take will be accountable to a higher authority.
Many of the benefits and risks of legalizing gambling and betting in India should be weighed by our judiciary system. A managed system should be included in the process.
