DR.

RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY, LUCKNOW

2017-2018

LAW AND MORALITY: SYNOPSIS

Topic: “Gambling Laws in India: Keeping up with the Technological
Advancements”

SUBMITTED BY: SUBMITTED TO:

Sanjeev Jothi Prof. Vikas Bhati

Roll No. 116 | Enrollment No. 140101116 Assistant Professor (Law)

B.A. LLB (Hons.), Semester IX Dr. RMLNLU, Lucknow

SIGNATURE OF STUDENT SIGNATURE OF TEACHER

 BACKGROUND

Several instances of betting and gambling are found in Indian history and mythology.
References of these activities are found in both the epics, Ramyana and Mahabharata.
Yudhishtir, the eldest son of Pandu had a penchant for gambling. One of the most gripping
scenes in the Mahabharata shows him losing not only his whole kingdom, but also his
brothers and wife in the ‘Game of Dice’. The mythological story of Nala and Damayanti,
depicts that gambling existed in ancient India. In fact, laws were framed in ancient India to
regulate it. Like Yagnavalkya, the NaradaSmriti and Kautilya, all advocated that gambling
should exist under the control of the State. Despite prevalence of gambling, the ancient texts
reflect a sceptical approach towards it, as it is considered to be a risky activity which can lead
not only to self-harm but also to even self destruction. It has always been debated whether
gambling and betting is a game of skill or chance. Allusions to ‘dicing being an art’ are found
in Mahabharata and folklore.

With the passage of time, the forms and ways of betting and gambling have changed. Today,
people gamble and bet over phone, SMSs, Skype etc. Easy access to internet betting sites,
having a global presence has made regulation of betting a serious challenge.
Telecommunication technology and global bank transfers have linked betting hosts into
networks. But despite these developments, ‘skill’ or ‘chance’ is still a decisive factor in
determining the legality of gambling and betting in India.

STATEMENT OF PROBLEM

India has been culturally opposed to gambling even though it existed in Indian society since
ancient times. The textual references also suggest that these activities have never been
approved by the society. Whether the State has the right to regulate private morals, is a
question that has often underpinned gambling prohibition laws. While the main argument in
favour of regulating the betting and gambling is revenue generation through taxation on its
proceeds, the question remains whether one can choose revenue over morality.

Gambling is currently banned in India. However, given the Indian matchfixing scandals that
have taken place, the ban on betting has not been an effective deterrent to corrupt gambling.
Although the nature of cricket is such that it typically requires the involvement of more than
one person to sway the match, it is nonetheless highly susceptible to corruption. Bookmakers
take bets on every ball and every over or inning in the game. While cricket governing bodies
(both at the national and international level) have attempted to minimize corruption issues in
the sport, there remains a need for an effective, statutory regulation of the industry within
India.

AIMS AND OBJECTIVES

The initial objective of this study is to draw a framework of the current position of law which
governs the gambling sector of the country. Moreover, the author aims to analyse how and
why the Supreme Court has placed reliance on determination of game of luck versus game of
skill in order to classify a sport as gambling. An understanding of how the latest
technological advancements can cause a problem to the obsolete legal framework persisting
in India is also sought by the author in this paper.

HYPOTHESIS

With the advent of online gambling and the anonymity that it ensures, the gambling and
betting activities have acquired a global presence. It has, therefore, become more challenging
for countries to monitor or curb these activities. Many countries that prohibit gambling have
not been successful, particularly with regard to online gambling. The transnational character
of online gambling platforms calls for a much needed change in approach. With the changing
times, there could always be an option to have a relook at the earlier approach of a complete
ban. The relook, if any, may take into account the possible loss of revenue and employment
generation that a regulation could bring about. Regulation would therefore, empower the
authorised agencies to identify and prevent instances of gambling by minors and ‘problem-
gamblers’ as well as save the public from any kind of inconvenience at the hands of the law
enforcement authorities. It would also enable the Government to effectively curb the menace
of black-money generation through illegal gambling.
 RESEARCH METHODOLOGY

The research methodology for this project is by way of doctrinal research. My research
requires gathering relevant data from the books and the specified databases in order to
analyze the material and arrive at a more complete understanding. The author shall be
interpreting information in such a manner that, he can answer questions related to the topic.

TENTATIVE CHAPTERIZATION

 OVERVIEW OF THE LAW OF GAMBLING IN INDIA

 MORALITY AND GAMBLING
 JUDICIAL PERSPECTIVE OF ONLINE GAMBLING
 POLICY EFFORTS FOR LEGALIZING BETTING AND GAMBLING