Completely banning betting and gambling has not been effective, says Law Commission
The panel made the observation even as it said that legalising betting and gambling was not desirable in the present scenario.
The Law Commission has recommended that regulating gambling and betting in sports such as cricket is the “only viable option”. The commission said this in its report titled “Legal Framework: Gambling and Sports Betting including Cricket in India”, submitted to the Centre on Thursday.
The report suggests several guidelines if lawmakers choose to regulate betting, asserting that a complete ban has not produced the desired results. “Parliament may also enact a model law for regulating gambling that may be adopted by the states, or in the alternative, Parliament may legislate in exercise of its powers under Articles 249 or 252 of the Constitution,” the report said. “In case legislation is made under Article 252, states other than the consenting states will be free to adopt the same.”
The commission, led by former Supreme Court Justice BS Chauhan, also suggested introducing a cap on the number of transactions an individual can participate in during a specific period, according to NDTV.
Underage participants, people who receive government subsidies or those who do not fall under the purview of the Goods and Services Tax Act or the Income Tax Act should be barred from participating in gambling, the commission added.
“The Foreign Exchange Management Act, 1999 and the Rules…made thereunder as also the Foreign Direct Investment (FDI) Policy…may suitably be amended to encourage Foreign Direct Investment in the casino/online gaming industry, lawfully permitting technological collaborations, licensing and brand sharing agreements, etc,” the report added.
The commission said websites advertising gambling must ensure there is no objectionable or pornographic content on display. They must also prominently display the risks and tips to play responsibly, it added.