It Is A Ripe Time To Regulate Cricket Betting In India: An Analysis In The Light Of Judicial Reasoning And Bentham's Theory
- IJLLR Journal
- Mar 10
- 2 min read
Shital Navandar, PhD Scholar, New Law College, Bharati Vidyapeeth (Deemed to be University) Pune
Dr. Ujwala Bendale, Faculty of Law, New Law College, Bharati Vidyapeeth (Deemed to be University) Pune
ABSTRACT
Cricket betting has always been languishing in a legal paradox. Impliedly declared illegal under the Public Gambling Act 1867, but at the very same time makes its presence felt every time, making headlines during the cricketing season. The figures of illegal cricket betting are alarmingly high (approx.₹8,20,000 crores annually) bringing to light the revenue damage done to the government coffers. It strongly highlights the concern that this money is going into undesired hands which is for sure detrimental to our country. This paper argues that the time is ripe to regulate cricket betting in India as the sole option. The paper is grounded on three critical dimensions- 1. Judicial pronouncement of K.R. Lakshmanan v. State of Tamil Nadu (1996) that has progressively recognized horse racing as a skill-based activity, constitutionally protected and thus legal 2. Jeremy Bentham's utilitarian principle demonstrating that regulation maximizes societal welfare in contrast to prohibition. The practical failure of the current prohibitionist legislative approach to cricket betting in India. The paper demonstrates that a comprehensive regulatory framework can successfully balance cricket betting as a commercial activity aimed towards protection of sporting integrity and consumer interest. Thus, balancing National interest with National duty.
The symbioses of judicial precedents, philosophical thinking and analyzing the reasons for failure of present legal apathy towards cricket betting, strongly support the need for a crucial change in the Indian legal system based on the pretext - What cannot be avoided by all possible means through a prohibitionist approach, should instead be accepted into the legal system and be fortified with potent laws, guarding the interests of the vulnerable groups and protecting the National interest keeping intact the integrity of cricket.
A tiger in chains is less harmful than the one who roams about freely without any control, especially when the “tiger” becomes an unavoidable part of co- existence.
Keywords: Cricket betting regulation, Bentham utilitarianism, Indian cricket, greatest happiness principle, K.R. Lakshmanan v. State of Tamil Nadu (1996), felicific calculus.
