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Most popular bets. Top 5 Bets pays Show Bets. Hide Bets. Horse-racing has been given a special status under most state legislations.
State of Tamil Nadu [5] , held horse-racing to be a game of skill. This distinction between games of skill and games of chance is significant since this is also the distinction between legality and illegality of gambling activities in most states.
Most state legislations, which exempt games of skill from within its purview, have not defined what the term means. In some states, like West Bengal and Nagaland, a non-exhaustive list of games which are exempted is part of the law, but these states are exceptions rather than the norm.
Therefore, games of skill have been defined through judicial interpretations. In RMD Chamarbaugawala v. Union of India [6] , the Apex court held that competitions which substantially involve skills are commercial activities, protected under Art.
In the K R Lakshmana case , the apex court defined the term, saying that ' although the element of chance necessarily cannot be entirely eliminated in games of skill , is one in which success depends principally upon the superior knowledge, training, attention, experience and adroitness of the player.
It must be kept in mind that states like Odisha and Assam consider the act of gambling to be illegal per se and make no distinction between skill and chance.
Similarly, in Rajasthan, even skill-based gambling is illegal if conducted in a common gambling house. States like Goa and Sikkim allow casinos to function under certain circumstances.
These are just a few of many examples highlighting the diversity in gambling laws across states. However, the distinction between skill and chance is a recurring theme.
Interpretations by various high-courts while applying the skill-test have also added to the confusion. Within the existing framework, there is no way that the currently flourishing illegal betting industry can function legally within these laws, since most forms of sports betting is chance-based, with a very little element of skill.
Also, the existing framework has failed in curbing the activity because the laws fail to create a deterrence effect.
Most of the legislations prescribe a meagre penalty and imprisonment not exceeding a year. Given the amount of money involved, the choice is easy for bookies and gambling houses- they would rather take the risk than be deterred.
Admittedly, these legislations have outlived themselves and need to go. The legalisation and regulation of all betting and gambling activities will also do away with the vague 'skill-chance' distinction.
The social stigma associated with betting and gambling is immense. As per ancient Indian texts, gambling was seen as a means to eventual self-destruction.
The Law Commission report, however, draws a distinction between activities that cause harm to the society, like trade in contrabands, and activities which harm the individual but whose social impact varies, like gambling.
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