Chamarbaugwala where they argued that the intention of the trade protection act was never meant for gambling. Trade is a skill dominated profession, gambling is a luck dominated endeavor.
One falls under the trade protection act. The other does not. The conclusion of the law commission is that the framers of the constitution laid out the prospect of not being able to regulate gambling. Maybe they were thinking about the possibility that it would be more acceptable in the future. In the modern era India has entered, both these cases are more relevant then ever. One legal argument for gambling is found int the Indian Contract act, where a wager as a contract is void and unenforceable. The world of law is certainly a strange one.
The law only prevents the enforcement of such wagering agreements.
Not the making of the agreements in the first place. As a side note we could add one potential problem with this argument is that casinos might try to use this law to deny paying out winnings to players. We don't worry too much about this scenario though. As this would be one of the last things any casino would do. It is also far from certain such an argument would hold up in an actual case in a court. We assume the law is meant as a protection for the unsuspecting bettor who might have been tricked to make an unfair bet.
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As mention earlier this means that we could potentially see an opening for betting. As it stands horse race betting has already been given an exemption. In the morality question of cricket betting the majority of the Indian population considers gambling immoral and is only interested in regulation as a lesser of two evils.
Even though the states decide their own laws regarding gambling, there exist a couple of laws that take precedence in every state in India. Read a very brief summary of them below:. Foreign exchange management act, This law prohibits any investment by an a person resident outside India into gambling and betting operations. How this translates to online casinos is a bit unclear at the moment. This law would not affect the players directly and is targeted at the owners of sportbooks in other countries.
Payment ant settlement system act, The Reserve bank of India can make its own policies when it comes to regulating foreign investments and electronic money transfers. And in the past it has in fact done this, targeting Paypal, Neteller and Entro pay. The possibility to go after online casinos does seem real, but is probably not easy to achieve in the real world.
Especially in the long run, casinos are already trained in ways to circumvent the normal pay systems. The biggest potential problem here would be the denying of transfers, not any actual prosecution of players. The prevention of money laundering act, To avoid money laundering of criminal gains. Anyone offering bets and the like has to maintain a record of bets and proof of identity of their customers. This is the very law every bookmaker uses when they don't pay out winnings until you have sent in proof of who you are.
And one of the laws with the most obvious impact on players, as it allows the denying of payments without proper proof of identity. It might be easy to think that this is only greed.
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But the threat of money laundering is very real. Another example of the benefits of keeping as much of this industry out in broad daylight as possible. This apparently includes any literature on gambling. And we agree that the young should not be exposed to gambling. Who do you trust to say no to the young players. A licensed casino with known owners, or a criminal bookkeeper operating on the side of the law? This law could potentially make life hard for online casinos, but will do nothing for the more usual Whatsapp betting.
And even for the online bookmakers the more shady ones will not be very affected by these kinds of attempts.
This is means that there is more focus on collecting taxes from winnings both of legal and illegal gambling. One could speculate that this is a move towards the more regulated alternative. Government of India Act, Gives the authority of gambling to the state legislatures. Which means you should check your state law before looking for any betting opportunities. Is attended to stop fraud and match fixing in all sports. Exactly what the implementation of this law would be is to early to tell.
But regulated gambling is one of the easier routes to transparency. After a few hefty debates. It was decided to include the betting and gambling in the State list. Thus giving more power to the individual states. Where they themselves can decide on the moral issues of gambling. They do not have total freedom, but are given quite a bit of leeway to decide themselves.
Two states in particular have done this. GOA with its brick and mortar casinos. And Nagaland with its valiant attempt at regulating online betting. States are still required to make laws that provide the adequate means of livelihood to every citizen. And some argue that gambling goes against this principle. The police have so far focused on stopping the unlicensed bookmakers and match fixers.
We are not aware of anyone getting in trouble for making a bet online. Every country has lots of laws and regulation that are not enforced but still there because its too much trouble removing them. These moral issues we leave up to the individual, we are trying to give you information as accurately as possible. How you proceed is entirely up to you. Different countries have chosen different approaches, but so far its obvious that the most success comes from controlled regulation.
Great Britain - has earned great tax incomes by regulating and monitoring gambling.
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They have one of the largest online casino bodies in the world and contribute greatly to the coffers of the English crown. South Africa - They tried a complete ban on gambling, and ended up with a bunch of illegal casinos all over the country. Then in they chose the path of trying to control the industry. And have since introduced a National gambling board that ensures that everything goes according to international and local standards.
This also resulted in a hefty new source of revenue. United states - Offline they have long had the tradition of only allowing gambling at certain locations. Las Vegas, Atlantic city and Indian casinos. This has to some extent led to "bookies" operated by organized crime families.
And lots of legislation to stop these criminals had to be created. Online they have taken a more prohibiting approach. Australia - They have enacted a few laws to protect its population from online gambling firms. But whether this has any effect on offshore casinos is unknown. But licensed operators are allowed to accept bets on sporting events.
Malaysia - All Muslims are strictly forbidden to even be inside a casino. But for other people they are allowed, and generate quite a bit of money to the state. Many of the psychological traps for gambling addicts are well known and could potentially be remedied with strong control mechanisms. When starting to lose gamblers get the feeling that they have to quickly win the money back, and start betting larger and larger amounts. They also believe that the luck will soon have to change, which there really isn't any basis for thinking.
This is known as the gamblers fallacy. When a result doesn't go as anticipated its bad luck.
But when the player wins it must be because he is a great man and able to see into the future. If you continue to raise the stakes when winning but don't lower them when losing you will pretty fast go broke. Gamblers ruin. When you almost win, it promotes you to think that it was just bad luck and you will get it next time.
Its easy to believe you have more control over the outcome of a match than you do The illusion of control. When we don't have a clear cut law, with a well written definition of gambling, we end up with lots of weird legal arguments and even some crazy court decisions. A district court in Delhi came to the conclusion that games considered skill in offline versions could not enjoy the same benefits when being played online.
This is true to the same extent that the equipment of a sports team may be altered.