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Insights into Editorial: Should gambling be legalised?
The Supreme Court, in Board of Control for Cricket v. Cricket Association of Bihar & Ors (2016), mandated the Law Commission to study the possibility of legalising betting in India.
Is Gambling allowed in India?
British era law called The Public Gambling Act, 1867 (“Gambling Act”) is the general law governing gambling in India.
However, the state legislatures have been entrusted with significant regulatory leeway to form state specific gambling laws.
Accordingly several states in India adopted central legislation and other states have enacted their own legislation to regulate gambling activities within their territory.
The Bombay Prevention of Gambling Act came into force in 1887. Gaming as defined in the Act includes gaming and betting.
Regardless of the mounting popularity and the revenue generated by gambling it is prohibited in India, except in Goa, Daman and Diu and Sikkim.
Gambling Legislations primarily refer to gaming activities at the physical premises.
Why legalise gambling?
There is overwhelming support for the idea on the ground that having failed to control illegal betting, which happens on a large scale.
The reasons to look at legalising and regulating gambling are manifold.
Gambling and betting is mostly done secretly, and is said to be controlled by underworld syndicates who use the unaccounted money earned from gambling activities for nefarious activities like terror financing.
Legalising the activity might help curtailing an important source of black money.
It will also bring massive revenue in terms of Tax revenue to the state exchequer, which can be used for various constructive social schemes.
From experience of countries where the Gambling is legalised, we can probably say that in addition to revenue generation, it will also help in creating large-scale employment opportunities.
Why should not Gambling be legalised?
It must be noted that even though gambling is largely illegal, it is still rampant and unchecked.
There can be no guarantee that legalising regulated betting will stop flowing of black money.
A large crowd of workers who will invest a part of their earnings to realise their dreams would become a ready fodder if the betting is to be legalised.
Companies will host betting apps, tempting poor people to try their luck.
There are also concerns that gambling is not morally correct in the Indian context.
What are the hurdles in legalising the gambling?
The existing law was passed before the Constitution came into existence and it was a Central legislation.
If Parliament wishes to legislate on the subject, it will be difficult to do so, as the subject of gambling figures in the State List.
As a result, the Constitution will have to be amended first.
Necessary infrastructure like police machinery, prosecutors, etc. will have to be put in place.
The problem of online gaming cannot be curbed by merely amending the Information Technology Act where it finds a mention.
Governments are trying to find ways of curbing the menace. So, relevant provisos will have to be made in the new Act if gambling is to be regulated.
There will still be the issue of jurisdiction as online gambling goes way beyond India’s borders.
Ensuring that online gambling is safe and protects the interests and rights of players is still a question.
There is greater stigma around seeking help for problem gambling than for illicit drug use in developed countries where the Gambling is legalised.
SC mandated the Law Commission to study the possibility of legalising betting in India. Chairman of the Law Commission invited views and suggestions from all those concerned to arrive at a judicious opinion and make suitable suggestions and recommendations to the government. The report is awaited.
Awareness campaigns should be in place to educate people about the perils of excessive gambling; minors, vulnerable sections should be excluded from having access to gaming facilities.
A few facts about gambling in the Indian perspective:
Betting and gambling are a part of the eons old Indian heritage, dating back to the era of Mahabharata. In fact Mahabharata would not have existed, if the Pandavas did not lose everything in a dice game, with the Kauravas. As a part of the Deewali celebrations, even the normal people resort to gambling, in different parts of the country, mostly ignorant that such activity is completely illegal!
It is to be mentioned here that, addiction comes as a part of the package of the betting and gambling activities, and has proved to be as serious as drug addiction with similar consequences. Especially, because of these reasons, gambling is generally looked down upon in our country, as a practice of disrepute and evil.
The most predominant sport in our country being cricket, the moot point is whether betting in cricket should be legalized by the Government! Many people, involved in betting on cricket matches, with enough money, believe in tipping the scales of luck in their favor, through match and spot fixing. Mainly controlled by the underworld, match fixing marks the insecure new recruits, who, acutely pressurized by performance issues, are more susceptible to bribery, which makes them underperform, and throw away a match at the crucial moment. Despite the fact that the Indian Premier League (IPL) has been adversely affected by such practices, the net amount of bets involved in the IPL finals, between Chennai Super Kings and Mumbai Indians, happened to be a whopping Rs 1500 crore, even in the face of the spot fixing scandals, unraveled by the investigative agencies.
While the Law Minister Kapil Sibal denounced ‘unfair practices’ in sports, and expressed his intentions of introducing a new legislation to counter such practices, cricket betting continues to be a prospering practice . As logically pointed out by Carl Rohsler, Partner, Squire Sanders Hammonds, UK, – a law farm, whose major clientele are the global gambling organizations, “India should legalize sports betting. Betting is a vice that cannot be eliminated. Instead of turning its back on the problem, the Government should find solutions”. Government points out that, the legalization issue is strictly a matter for the States to decide. Experts are, however, of the opinion that, a legalization of sports betting will curtail spot and match fixing incidents, besides earning the Government some extra revenue.
Opinions of different key figures concerning the legalization of cricket betting issues:
Its seems, with the current scenario in India, where sports betting continues undeterred, in spite of a number of supposed legal interventions and impeachments, lots of important people are rethinking the issue that, sports betting is still an illegal practice in our country. For instance, the CBI Director Ranjit Singh, while addressing the assemblage of senior bureau officials, in the three day CBI symposium, a part of which was ‘Ethics and Integrity in Sports’, openly advocated legalizing sports betting, as evident from his statement, “If there are lotteries in the state, if we can have casinos in the tourist resorts and if the Government can declare schemes for voluntary disclosure of black money, what’s the harm if we legalize betting?” Rahul Dravid, the cricket idol of the Indian team, was invited as a special guest to this CBI convention. Dravid’s opinions were congruent with that of CBI chief Ranjit Singh, as evident from his comment, “If the law enforcement agencies feel it is right, betting in sports should be legalized.”? Highlighting the acute pressure of performance on the new recruits, and the insecurity stemming from it, he further added, “In this scenario there are temptations to cut corners, use unfair means and make a quick buck”. Dravid’s statement seems to be a stark contradiction to his old school, textbook cricketer image.
Union Minister of Renewable Energy, Farooq Abdullah, openly expressed his support for legalizing cricket betting, which in turn, was severely called in question, by Kirti Azad, Ex – Indian team cricketer and presently a leader of the BJP.
Ex – Mumbai super cop and currently a lawyer, Y P Singh, commented that, “No Government has the courage to legalize cricket betting as it will entail a huge social cost. From schoolchildren to laborers, everybody is crazy about cricket. Money meant for the family could be diverted to betting on the game”. Singh seems to have struck a chord of concern. It is a fact that, there are more cricket lovers in this country, than literate people. Even an illiterate child labor knows who Sachin Tendulkar is. Therefore the point raised by Singh, indeed needs consideration because, as suggested by Singh, legalizing cricket betting may have a negative effect on the society, as a whole. It is the illiterate people, who are more prone to vices and addictions, and if they have a legal betting option on a game they are crazy about, it is likely that the situations may indeed spin out of control.
The view of the Government on legalizing cricket betting:
As mandated by the Public Gaming Act, 1867, “The Act (is) not to apply to certain games. Nothing in the foregoing provisions of this Act contained shall be held to apply to any game of mere skill wherever played”, drawing a distinct line of demarcation, on putting a wager on a skill based game and simple betting. Supreme Court confirms that horseracing comes in the realm of legalized betting, because it is a skill oriented sport. Fact remains, only a small community, belonging strictly to the upper echelons of the society, indulges in this form of gambling. While cricket is undoubtedly a skill based game, legalizing betting in cricket, will be in congruence with the Public Gaming Act. As confirmed by Majid Mennon, criminal lawyer and National Congress Party Leader, “Laws need to keep pace with the times and reconsider the whole thing. Legalizing betting could enrich the State’s treasury”. However, the best analysis so far, on this issue, came from Kiran Bedi, ex – IPS officer and a social activist, “Rather than allowing the skill of the game to define gambling, we must strike a balance between social costs and financial gains, in updating the ‘British written’ gambling laws”. She further added that, “A gambler with inside knowledge of the game should be heavily punished; one whose skill and understanding of the game guides his betting, should be encouraged to use his skills for the game instead; and the gambler who has no idea about the game, but has money to play around with, must be counted as a victim and protected from the vice”.
While the Government has already declared that legalizing betting issues strictly pertains to the State, the Sports Ministry has strongly demurred from making any claims about legalizing cricket betting. Law Minister Kapil Sribal’s promised bill, to counter ‘unfair practices’ in sports, by August of this year, had failed to see the light yet. The State of Sikkim and the Union Territory of Goa have legalized sports betting, and have introduced legal casinos for tourist recreations and legal gambling in general.
Conclusion – Summing up:
As per a rough estimate, the net wagers in cricket betting can range from USD 60 million to USD 200 million annually, depending on the importance of the tournament. Most of this money goes into the pockets of the underworld, because majority of the betting is controlled by the underworld, through an organized network of illegal bookies, distributed throughout the country. If cricket betting is legalized, while the game and the Government stands to gain financially, it will also loosen the grip of the underworld on the tournaments, effectively curbing match and spot fixing issues. My personal opinion, cricket betting should be legalized, accompanied by strong law enforcement and of course, keeping the social impacts under control. Gambling is the incredible skill of making something out of nothing, and with any form of gambling, whether it’s a roulette table or a cricket match, one factor is inseparable, that is luck. True luck consists not in holding the best of the cards at the table or predicting the outcome of a cricket match, accurately. Luckiest is he, who knows just when to quit and go home!
betting cricket should legalised notIvan Toney： Brentford lining up potential striker options for January transfer window in case striker hit with ban
Brentford are lining up potential striker options in the January transfer window in case Ivan Toney is hit with a significant ban.
The forward had originally been charged over 232 alleged breaches of betting rules in November and on Tuesday was charged with a further 30 alleged breaches of FA betting rules.
Brentford are doing due diligence on potential targets for next month but options are expected to be limited for director of football Phil Giles and his technical director Lee Dykes due to the specific set of requirements they need in these unique circumstances.
The Premier League returns: Where did we leave things?Brentford fixturesLiverpool vs Everton, Spurs vs Man City live on SkyThe club needs someone with Premier League experience, who can potentially hit the ground running with the goals necessary to maintain Brentford’s good form this season or at least secure their top-flight status.
They do not yet know whether or for how long Toney could be banned, so convincing a player with these credentials to commit to them for a short period will be challenging.
Brentford are lining up a potential replacement for Ivan Toney should he be banned from football
Clubs are reluctant to let go of good players – even those who are mostly on the bench – because they never know when they might be needed. Brentford do not pay huge wages either, so may need the assistance of the parent club should a loan be the most viable route.
However, Brentford have shown through the summer signing of Ben Mee that they are covering the market for experienced players that can help the team.
Finding one or two potential solutions to the impending problem Toney’s absence is the focus for Giles and Dykes ahead of next month – but they may also continue the club’s philosophy of signing the best young talent available.
Long-term they have been assessing forward players and centre-backs in the main. They had tried to sign Mykhailo Mudryk last summer but his valuation now seems too high.
Ivan Toney scored twice in Brentford's 2-1 win over Manchester City following his England snub
Toney is cooperating with the FA investigation and will continue to play for Brentford until told otherwise.
On Tuesday evening, an FA spokesperson said: “Ivan Toney has been charged with misconduct in relation to alleged breaches of The FA’s Betting Rules.
”In addition to the previous charge, it is alleged that the Brentford FC forward breached FA Rule E8 a further 30 times between 14 March 2017 and 18 February 2019.
”Ivan Toney has until Wednesday 4 January 2023 to provide a response.”
A statement from Brentford said: “The FA have informed Brentford FC that Ivan Toney has been charged in relation to additional alleged breaches of their betting rules.
”Our private discussions with Ivan and his legal representatives on this matter continue. We will make no further comment at this stage.”
The FA’s legal representatives and those of Toney’s are in the process of going through each betting offence he is alleged to have made.
This is a painstaking process and Toney has the right to respond to each of them individually.
It could therefore take some time for the FA to get to a verdict, which may not come until February or beyond, despite Toney needing to respond to the latest charges by January 4.
The FA assesses these offences on a case-by-case basis, therefore any previous examples of players breaching betting rules are not expected to have a direct bearing on the severity of any punishment Toney might receive.
However, Sky Sports News understands he is facing a ban of at least six months if he is found to have bet on his own team.
It is also understood the probe into these alleged offences has been ongoing for more than seven months.
Toney, who was not included in England’s 26-man World Cup squad, had previously revealed he had been assisting the FA with its enquiries amid allegations he gambled on matches.
After a report in the Daily Mail claimed he had been the subject of an FA investigation, he tweeted on November 5: “I’m aware of a story about me in a national newspaper today.
”I have been assisting the Football Association with their enquiries and will not be making any comment until such investigation has reached its conclusion.”
Betting on football is banned worldwide for all players, managers, coaches, club staff, directors and licensed agents involved in the game within the Premier League, EFL, National League, Women’s Super League, Women’s Championship and the Northern, Southern and Isthmian leagues.
Participants covered by the ban are prohibited from betting, either directly or indirectly, on any football match or competition that takes place anywhere in the world.
The ban also includes betting on any other football-related matter such as the transfer of players, managerial appointments or team selection.
The passing of inside information to somebody that uses the information for betting is also not allowed. Inside information is information that you are aware of due to your position in the game and which is not publicly available, like injury or team selection news.
You are not allowed to use inside information to place a bet or to instruct someone else to do so on your behalf. Equally, you are not allowed to pass inside information on to someone else which they use for betting.
Other high-profile players charged and subsequently found guilty of breaking FA betting rules include current England World Cup squad member Kieran Trippier, who was banned from football activity for 10 weeks and handed a £70,000 fine for telling a friend to “lump on” the prospect of him joining Atletico Madrid before his switch from Tottenham in 2019.
Daniel Sturridge was also punished for disclosing inside information about a transfer. After initially being given a six-week suspension, his punishment was increased to a four-month ban and £150,000 fine after it was found he had instructed his brother to bet on a January 2018 move to Sevilla.
Joey Barton was given an 18-month ban in 2017 after placing 1,260 bets on football between 2006 and 2016. The punishment brought about his retirement from playing football, although the term was later reduced by five months on appeal.
Position: 10th (19 points)
Top goalscorer: Ivan Toney (11 goals)
Next three PL games: Tottenham (H), West Ham (A), Liverpool (H)
Barring the 5-1 horror show at Newcastle and the 4-0 defeat away to Aston Villa, Brentford had quashed any speculation over whether they were about to be the next victims of the fabled ‘second season syndrome’ by the time the Premier League paused for the World Cup last month. If it was not the case already, they appear to have very much established themselves as part of the furniture in the top flight.
And who could forget the way in they entered the break? Days after an embarrassing Carabao Cup shootout defeat to Gillingham, they went to the Etihad as outright underdogs, yet failed to crumble and came away with a fully deserved 2-1 win against reigning Premier League champions Manchester City.
The Bees’ talisman frontman Ivan Toney was very much in the spotlight that afternoon. He responded to Gareth Southgate’s decision to omit him from the England squad by scoring both goals, which left many questioning why he would not be travelling to Qatar, particularly given his exquisite penalty record and the fact he was the league’s second highest scoring Englishman with 10 goals, behind only Harry Kane.
Just a few days later, it was revealed that Toney had been charged over 232 alleged breaches of betting rules between February 2017 and January 2021.
He was part of Brentford’s trip to Spain earlier this month and played an active part in mid-season friendlies against Bordeaux, Celta Vigo and Wolfsburg, but then came Tuesday’s news of an additional charge of a further 30 alleged breaches.
If those allegations against him are proven, the striker could face a lengthy ban. Given the fact he has scored 11 of Brentford’s 26 goals in all competitions so far this term – with Bryan Mbeumo and Yoane Wissa following up with three each – you do get the feeling the Bees will be looking over their shoulder somewhat with regards to developments in the saga.
Cricket betting is an exciting activity that comes with a lot of benefits and options that need to be explored to the fullest. But while doing so, people also tend to make a few mistakes that can always be avoided for the better. So what are these mistakes? Since that is the easiest question to set things right, we decided to answer the same and help you out to a huge extent. So go ahead and read about the mistakes to avoid while betting on cricket.
Be it betting or casino gambling; one should never go behind their losses and try to gain a few points. The process is highly risky and does not come with a lot of benefits. While there are people who have succeeded at it, they don’t always get to make things right. Due to that, it is better to keep your losses under control by placing bets after following a proper system of bankroll management. In this manner, you can get all you need, and you will not be chasing your losses.
Placing bets without conducting proper research is a huge mistake that people tend to commit. Since cricket betting has two teams, multiple betting options, and other related features, you need to know about the same before placing bets. By doing so, you can always stand to make the most of the process and also gain some money if your research was accurate. Thanks to that, you should always conduct research, understand the process and then move ahead to place bets for the better.
Placing blind bets is more or less like placing bets that you have no clue about. This is another mistake whose outcome tends to move ahead in a whole different direction, far from what you expect. Moreover, it also tends to increase your chances of facing financial trouble and creating other problems that hinder progress. As a result, you should avoid such steps and look towards placing bets only after understanding the process. In this manner, you can stand to gain returns and level up in the world of cricket betting.
If there is a particular strategy that works well for your friend, it need not do the same for you and provide you with returns. Strategies tend to work based on the situation, the kind of bets you place, and other related aspects. So blindly copying a strategy is not going to do the trick, and you won’t be getting anything in return. Instead, you should look towards building your own strategy and understanding the process to the betting cricket should legalised notMistakes to Avoid While Betting on Cricket fullest. By doing so, you can stand to gain some form of return.