Ujwal Trivedi, Partner at MKA & Co, i.e., M/s Manilal Kher Ambalal & Co (Advocates, Solicitors & Notary), MKA Chambers, British Hotel Lane, Off Mumbai Samachar Marg, Fort, Mumbai, Maharashtra, India
ABSTRACT
The illegal betting market in India runs into billions of dollars. The legality of it being in question stems from the potential for it to harm the social fabric of the Indian society. Whilst the article remains silent on the exact nature of reforms that should be introduced for it to be legal across India, the author touches upon the ‘not so invisible giant’ that sports betting has already become. The article examines the root of gambling which was reportedly prevalent in Ancient India before analysing the statutory framework that governs it today. Moreover, it elucidates the underlying principle of differentiating a game which is ‘skill-based’ against a game which is ’chance-based’, as so popularly echoed and coined in a plethora of Supreme Court judgments (which in turn are inspired by American legal jurisprudence). After examining several such judgments, the author concludes that the judiciary has indeed recognized games like rummy (playing with stakes) and betting on sports like horse racing to have a ‘substantial degree of skill involved’. Many states have legalized various gambling products whilst others haven’t. The author opines that uniformity in application of gambling laws across the country should be order.
