should gambling be taken as a profession?
Should gambling be taken as a profession?
Rose by any name is a Rose likewise gambling where the money is involved by any means whether it is a game of chance or a game of skill should be banned.
If we take the supreme court’s decision allowing on-line Rummy being game of skill. Cricket could also be considered as a game of skill, where the player’s skill decides. Thus betting in Cricket should also be made legal.
India has been struggling hard to deal with issues of online gambling, online gaming and online lotteries for long. Till now we have no dedicated online gambling and gaming laws in India. This position has become more complicated since the Supreme Court of India has refused to decide about legality of online poker, online rummy and online card games in India.
In 2014 Supreme Court has categorically mentioned that it would not decide the legality of online poker or online rummy till the Indian government comes out with a policy decision in this regard. In the past Supreme Court the Indian government to clarify its stand regarding online rummy but the government to provide any opinion in this regard.
Now the ball is in Indian government’s court and it has to come up with rules and regulations regarding online game and online gambling activities in India. The Indian government has to decide about the skills versus gambling criteria.
Indian law classifies games into two broad categories viz. game of skill and game of chance. The Supreme Court of India has, for instance, held -
“The game of Rummy is not a game entirely of chance like the ‘three-card’ game mentioned in the Madras case to which we were referred. The ‘three card’ game which goes under different names such as ‘flush’, ‘brag’ etc. is a game of pure chance. Rummy, on the other hand, requires a certain amount of skill because the fall of the cards has to be memorised and the building up of Rummy requires considerable skill in holding and discarding cards. We cannot, therefore, say that the game of Rummy is a game of entire chance. It is mainly and preponderantly a game of skill”.
Online gaming portals like Jungle Rummy and Rummy Circle are being promoted like anything enticing players to bet using their hard earned money.
The Foreign Exchange Management Act (FEMA) 1999 was introduced to India in 1999 to govern the exchange of foreign currencies. Technically, depositing to a gambling site in a currency other than rupees could be considered an exchange of foreign currencies, and thus be covered by the act. To get around this sites like Jungle Rummy and Rummy Circle accept Indian rupees and thus they are out of this act.
In conclusion every game is a game of skill and thus either all should be made legal or declared illegal.
Please note that we take great care to ensure that all the information provided here is completely accurate. However, we aren’t lawyers and nothing we state here should be considered legal advice. It’s only our own interpretations and opinions.
If you think that it should be banned, help me by signing my petition against on-line games here.