Press Note – Clarification
The Law Commission of India submitted its 276th Report on “Legal Framework: Gambling and Sports Betting Including in Cricket in India” to the Central Government on 5 July 2018. Subsequent to this, the Commission has come across various news items misinterpreting the Report given by the Commission. The Commission regrets to inform that the cognizance of the press note released by it in this regard was not taken into consideration by the media before publishing the news item. A copy of the press note is enclosed.
The Commission hereby clarifies that vide para 9.7 of the Report on page 115, it has been strongly and categorically recommended that legalising betting and gambling in India in the present scenario is not desirable, and that a complete ban on unlawful betting and gambling must be ensured. Again, vide para9.8, it has been recommended that effective regulation remains the only viable option to control gambling, if it is not possible to enforce a complete ban in order to prevent unlawful activities and the Commission has recommended a number of guidelines and safeguards, in the event Parliament or the State Legislatures decide to regulate these activities.
The media of our country may please take note of the above and enlighten the common public about the recommendations of the Commission in its right perspective.
Government of India
Ministry of Law & Justice, Department of Legal Affairs
Law Commission of India, Lok Nayak Bhawan
New Delhi-110 003
6th July, 2018
F. No. 6(3)303/2016- LC (LS)
Forwarded to the Principal Director General (M&C), Press Information Bureau, Government of India, Shastri Bhavan, New Delhi for giving wide publicity to this clarification.
(A. K. Upadhyay)
Joint Secretary & Law Officer
Tel: 2463573
Press Note
In July 2017, the Supreme Court, while considering the Lodha Committee Report, in Board of Control for Cricket v. Cricket Association of Bihar & Ors (2016) 8 SCC 535 made a reference to the Law Commission of India to examine the issue of legalising betting in India, observing as under:
“83. So also the recommendation made by the Committee that betting should be legalized by law, involves the enactment of a Law which is a matter that may be examined by the Law Commission and the Government for such action as it may consider necessary in the facts and circumstances of the case.”
After an in-depth study of the issue of legalising betting and gambling in India the Law Commission has concluded as under:
“The Commission reaches the inescapable conclusion that legalising betting and gambling is not desirable in India in the present scenario. Therefore, the State authorities must ensure enforcement of a complete ban on unlawful betting and gambling.”
However, incapability to enforce a complete ban has resulted in rampant increase in illegal gambling, resulting in a boom in black-money generation and circulation. Since it is not possible to prevent these activities completely, effectively regulating them remains the only viable option. Thus, if Parliament or the State Legislatures wish to proceed in this direction, the Commission feels that regulated gambling would ensure detection of fraud and money laundering, etc. Such regulation of gambling would require a three-pronged strategy, reforming the existing gambling (lottery, horse racing) market, regulating illegal gambling and introducing stringent and overarching regulations.
The Law Commission of India has submitted its Report No. 276 titled “Legal Framework: Gambling and Sports Betting including in Cricket in India” to the Central Government on 05.07.2018. A copy of the Report enclosed.
Government of India
Ministry of Law & Justice, Department of Legal Affairs
Law Commission of India, Lok Nayak Bhawan
New Delhi-110 003
5th July, 2018
No. 6(3)303/2016- LC (LS)
Forwarded to the Principal Director General (M&C), Press Information Bureau, Government of India, Shastri Bhavan, New Delhi for giving wide publicity.
(A. K. Upadhyay)
Joint Secretary & Law Officer
Tel: 2463573
