NEW DELHI: Law Commission chairman Justice B S Chauhan told TOI on Friday that the commission’s latest report on
betting and
gambling has been misunderstood as the
law panel has strongly and categorically recommended a complete ban.
“The commission hereby clarifies that it has 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,” he said.
The commission also come out with a clarification on Friday that highlighted part of the report where it has noted that “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.”
Justice Chauhan said the commission has, however, given its suggestions on what all measures should be adopted for an effective regulation in case the Centre and state governments feel the need to legalise betting and gambling.
“Again, 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,” the Law panel chief pointed out from the report.
The law panel’s report observed that 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. “We have also said that gambling and betting activities must ensure that vulnerable sections of the society are protected from being exploited by the possible ill-effects of these activities,” he added.
Justice Chauhan said all those who get subsidies or do not fall within the purview of the Income Tax Act or the GST Act should be debarred from participating in online and/or offline gambling platforms, in case the government decides to regulate betting and gambling.
He said that the report has stressed on the fact that the government must ensure that vulnerable sections of the society are protected from being exploited by the possible ill-effects of these activities, in particular, the youth and children below the age of 18 years and those who are below poverty line and to whom as a social welfare measure, Central and state governments provide subsidies to their Jan Dhan account for sustenance.
“Putting such restriction is a must so that the money provided by the government for their sustenance on different heads under the Direct Benefit Transfer Scheme is not misused in participating in gambling and betting and these vulnerable people are protected from the vice of gambling and betting,” he quoted the recommendations as saying.