The incredible success of online gambling is so satisfying to the consumers of it. The development of this industry is unprecedented, and it will probably be the material for future studies of success. The positive reactions are swarming the commentary sections, as people are in love with things that make their lives easier. The gambling industry managed to offer them mobility, exclusivity, availability, and more options for games than they could ever imagine. And all of that just with increasing the attention and investment to their online offer. Sure, the technological advancements were something that was perfect timing for casino owners and a sort of ideal symbiosis. However, as sometimes things evolve in perfect timing, there are also cases where there is a serious delay. The skyrocketing success of online gambling is hard to match, and we wanted to see how India’s legal system fare in this race.
Contents List
Is Online Gambling Legal in India
This is a very complex question, as even people with law degrees would have to stop and simplify the terms so people could know what to do. In these cases, it is best when we can state the facts. The fact is that the Indian gambling law dates back to the 19th century. The Public Gambling Act from 1867 is still the primary legislation when it comes to the governing of wagering. In addition, an interesting fact is that this law hasn’t covered the gambling that is being performed online. Maybe because such a thing was unimaginable then, and the Internet was invented in 1983.
Therefore, the best gambling sites in India which can be found with a couple of clicks on online-gambling.com/india/, are not covered by the primary gambling law in India. Troublesome start. After that, we had the Information Technology Act of 2000, which was responsible for electronic activities in India. It covered related things such as online payments and the use of the Internet, however, it did not mention gambling activities online. The government reacted to the situation and issued the Consumer Protection Act in 2019. This legislation seemed like it missed a couple of steps. In a part of it that refers to online gambling in the country, it covers the rights of the customers, its safety, and resolutions in case of disputes.
Complexity of Laws in India
It also covered why the players could sue the casino operators, but it didn’t mention the act of gambling itself. Such a thing is useful, to make consumers feel protected, but there are so many ways in which technology keeps us safe. However, the fact that the law recognized the right of the players to react in case of fraud means that they were permitted to engage in that activity or transaction. Making any part of it unfair to them is a lawful basis for engaging in the activity in the first place. Furthermore, Schedule 7 of the Indian Constitution allows individual states to regulate the act of gambling within their territories.
That means that the jurisdiction of online gambling falls on the officials of the state, and not under the federal government. Due to this fact, it is no surprise that different states have a different stance on the regulation of online gambling. Some have created the proper legislation and regulated it, and others are still adhering to the one from 1867. The states of Sikkim and Nagaland have accepted the challenge to regulate online gambling in their territories.
The Regulation of Online Gambling in Sikkim and Nagaland
These states decided that they want to accept online gambling in their territories, however, that is a decision that requires a lot of work. In Sikkim, legislation was passed in 2008 through the Sikkim Online Gaming Regulation Act. This allowed casino owners to apply for licenses to operate but only if their offer to bettors included sports betting, poker, and other casino games on Sikkim territory exclusively. In Nagaland, the regulation was implemented in 2015 with the Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act.
This act on the other hand allows the casino to operate only if their offer is limited to the games of skill. There is a significant difference between the games of skill and the games of chance, as the games of chance have a harsher treatment. To make things even more complicated, the definition and classification of games in these two categories also vary from state to state. All of the things we mentioned by now are extremely complex and confusing.
The Lack of Uniformity and Clarification
With the decision to give more freedom to the states, the government only caused further confusion and trouble. The problem is that when the decision was made to allow different courts and officials to interpret the law and create regulations, too many points of view were established. That is not good for the country, as a unified stance is needed, with clear directions on what the law should state. The current legal landscape is unbalanced and that is creating problems for India’s people, but also for the business owners. If the rules are not clear, why should they keep investing in India, no matter how big the market is?
India Needs Unified Regulation and Licensing of Online Casinos
With the casino owners’ interest in investing in the country, the officials need to create the appropriate bodies that will work on issuing licenses and regulating the work of these establishments. Having a necessary license is important, as per strikingly.com even crucial for a business, and with it, operators will know which standards must be fulfilled to operate in the country. And with the creation of regulatory bodies, their work could be inspected and checked regularly. If any of the casino brands didn’t follow the specified rules, the license could be revoked. This would create transparent grounds for the work of an industry in which all parties included would be protected. And their work could be taxed, to invest that money in benefiting other segments of the country.
Conclusion
The current legislation in India regarding online gambling is inconsistent, confusing, and troublesome. Certain states are allowed to regulate the work of online gambling establishments, but the rules need to be revised. Government officials need to establish a unified stance and regulate online gambling on a level of the whole country. This industry’s success will wait for no one, and the time to jump on its bandwagon is slowly running out.
