G3-247 Report INDIA SPORTS BETTING IN INDIA: THE CURRENT SCENARIO
“Betting and/or gambling in India are for the most part prohibited, especially in sports. This stance has been further cemented by the controversies in 2013 sur- rounding spot-fixing, match-fixing, and overall illegal betting on cricket matches through bookies. With that in mind, a legal framework was proposed by the central government in the form of a legislation that covered any unethical activity in sports. The draft ‘Prevention of Sporting Fraud Bill, 2013’ (“Anti-fixing Bill”) was therefore released in the public domain by the Sports ministry. Although the Anti-fixing Bill was considered in May 2013, it took nearly seven months to draft the Anti-fixing Bill, by which time there has been partial dwindling in relevance and urgency. This is unfortunate because betting and/or gambling in sports is not only an area that is unchecked, but it is also governed by laws that are either archaic or inadequate. In the absence of the Anti-fixing Bill becoming a notified act, the current legislation that governs gambling and betting is the ‘Public Gambling Act, 1867’. Not only is the act archaic, it is also vague in that it doesn’t cover explicitly the possibility of online or telephonic betting/gambling. Not only that, the interpretation of the act is subjec- tive to the extent that betting on cricket may not even come under the Public Gambling Act, 1867, since section 12 of the act states that any game requiring skill will not be covered under this act.
'Sports' is a state subject under the Constitution of India. Since sports is a state sub- ject, the Anti-fixing Bill will need to be introduced before the Parliament and will require the support of the states as well as the acknowledgment by the lawmakers that the bill serves the national interest of India. ‘Gambling’ is also a state subject, and a majority of the states with the exception of Sikkim and Goa have prohibited gambling in their respective states. It is unlikely therefore that gambling or betting on sports will receive support in the absence of a central legislation explicitly encouraging or allowing betting on sports, either at establishments or online.
Today, the Anti-fixing Bill isn’t likely to appear before the Parliament in what hap- pens to be the last session before the general elections are held. The draft itself is yet to be finalised, and the central elections in India are scheduled for April 2014, which for the Anti-fixing Bill most likely means that it will be shelved until the monsoon
India it is the only listed entity in the gaming industry and over the years has developed a business model offering offshore and land based gaming.
At the moment the company owns three of the six off- shore gaming licences in Goa. Two are operational – Deltin Jaqk (Casino Royale) which opened in 2008 and the Deltin Royal (Horseshoe) which was opened last year.
Deltin’s Casino Caravela (initially opened in 2010) has since been moved out of the Mandovi. It floated near the city of Panaji and there were 200 gaming positions made up of 190 table positions and 10 slots. There was also a bar and buffet and outdoor swimming pool.
Delta Corp owns a majority stake in this casino and this was India’s first offshore gaming casino which Delta bought from Advani Hotels and Resorts and Casinos Austria International. At the time it had 10 table games and eight slots. This ship has since been sent to Zuari for a makeover and will soon be on the Zuari River after pulling out of the Mandovi river.
In addition Delta Corp also operates two resort hotels in Goa – The Deltin Palms and Deltin Suites plus also plans to open the Deltin Empress which is an all exclusive all- suite luxury offshore hotel anchored in the Mandovi River in Goa for VIP guests.
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session of parliament. This possibly delays its introduction by at least six months from now. There is also the possibility that the government which is formed after the central elections may not introduce the Anti-fixing Bill in its current form and instead opt for a more detailed draft that encompasses more situations beyond what is envisaged in the current draft. Until then, ambiguity will prevail. It is extremely unlikely that betting on sports will be legalised despite certain corners supporting this move. There is a cultural and societal stigma attached to betting which will lead to controversy surrounding any move that seeks to make sports betting or gambling a mainstream and legal activity. There will also be difficulty in regulating sports betting in India, since the mechanisms for governance and accountability are either non-existent or inefficient where they exist.”
Desh Gaurav Sekhri, head of Sports Initiative at J. Sagar Associates, a leading Indian law firm. Views are personal.
deshgaurav.sekhri@
jsalaw.com.
01 In theory, Daman could become a gaming hub for at least four cities – Surat, Baroda, Ahmedabad and Mumbai as it is a 2.5 hour drive from Mumbai. The casino and resort are expected to be operational by mid 2014 and will be India’s largest integrated casino resort. The resort is now just waiting for final formalities to be completed although this has been an ongoing wait.
The company re-branded all its operations recently and the Deltin brand is copyrighted to the Delta Corp Ltd. The Delta Corp is a fast growing Indian company offer- ing gaming and hospitality since 2008.
Meanwhile there are other states also looking at the casino option now in India. Other states such as Odisha, Assam and Haryana have contemplated legalising gam- bling but dropped the idea due to political opposition and negative responses from the public.
However the possibility of casinos is now promising for states such as Daman and Punjab.
DAMAN Daman is located on the western Indian coast between Maharastra and Gujarat and is a city in the Daman dis- trict in the territory of Duman and Diu.
Daman is divided by the Daman Ganga River into two parts namely Nanidaman (small Daman) and Motidaman (big Daman). Ironically Nanidaman is actually the larger of the two towns and is residential and holds many important entities such as supermarkets and hospitals. Motidaman is the old city mainly inhabited by fishing communities.
The total population is around 35,700 and the two parts are connected by two bridges. However because it is only 193 kilometres from Mumbai and has well connecting highways to other cities it is in a prime position for gam- ing and leisure options. It is already a popular tourist resort mainly due to the freedom to drink alcohol which is prohibited in the neighbouring state of Gujarat.
The city’s gaming laws are governed by the Goa, Daman and Diu Public Gaming 1976. In 2008 an amendment was added to authorise games of electronic amusement and slot machines to be located in five star hotels.
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