Online Gambling

Internet Casinos Inc. (ICI), the world’s first online casino, started operating from August 18, 1995, with 18 different games. Since then more than 1,400 websites, mostly domiciled in small Caribbean islands, have given rise to an industry that grosses over $3 billion a year. In fact no business on the Internet earns more revenue than online gambling. Out of the estimated 14.5 million online gamblers, almost 30 per cent are from Asia.

A bet can be placed in minutes. Anyone with a credit card can set up an offshore currency account with a gambling site, leaving them free to place bets on sporting events like Wimbledon, cricket, horse racing and Formula One, or join a virtual casino to play slot machines, roulette, blackjack, poker etc. Companies like Flutter and Betmart accept bets on anything from who is going to win the Nobel Prize to whether Madonna is getting a divorce or not. Bets can range from a nickel to thousands of dollars and according to whether you win or lose the amount is automatically adjusted to your account. The final balance can then either be mailed to you or left for future bets.

The law relating to online gambling in India needs to be understood within the country’s socio-cultural context. At the outset, gambling, although not absolutely prohibited in India, does not receive express encouragement by policy makers. The Indian organized gambling industry is estimated to be worth around US$8 billion. While stringent laws have checked the proliferation of casinos and high street gaming centres as in many other countries, barring the state of Goa, the lottery business remains the most post popular form of gambling.

Though gambling is not illegal, it is a highly controlled and regulated activity. Modern India is a quasi-federal Constitutional democracy and the powers to legislate are distributed at the federal as well as the state levels. Gambling features in List II of the Constitution of India, this implies that the state governments have the authority to enact laws in order to regulate gambling in the respective states. Thus, there is no single law governing gambling in the entire country. Different states have different laws governing gambling in addition to the laws that have an application across the country. While some states have banned lotteries, other states allow state government lotteries marketed and distributed in other lottery playing and promoting states through private entities.

Regulation of gambling

The courts have defined gambling as ‘the payment of a price for a chance to win a prize’. The dominant element of skill or chance shall determine the nature of the game. A game may be deemed to be gambling if the element of chance or luck predominates in deciding its outcome. As a result, Indian courts have held that betting on horse racing and a few card games are not gambling. The right to undertake the business of gambling and lotteries is not considered as a fundamental right protected by the Constitution of India. It may however be pointed out that the state government run lotteries make significant contributions to the state exchequer of several state governments and the Union government, and hence there is a resistance to complete prohibition.

The following legislation is pertinent to gambling:

The Public Gaming Act, 1867

This Act provides punishment for public gambling and for keeping of a ‘common gaming house’. This Act also authorises the state governments to enact laws to regulate public gambling in their respective jurisdictions. The penal legislations in respective states have been amended in accordance with their policy on gambling. However, this legislation does not have any direct impact on online gambling unless a wide interpretation is given to the definition of common gaming house so as to include virtual forums as well.

The Indian Contract Act, 1872 (ICA)

The ICA is a codified umbrella legislation that governs all commercial contracts in India. Under the ICA, a wagering contract is the one which cannot be enforced. The Act lays down; ‘Agreements by way of wager are void, and no suit shall be brought for recovering anything alleged to be won on any wager or entrusted to any person to abide by the result of any game or other uncertain event on which any wager is made’. Gambling, lottery and prize games have held to be wagering contracts and thus void and unenforceable. While a wagering contract is not illegal, it cannot be enforced in a court of law. Thus, the courts will not entertain any cause of action that arises out of a wagering contract.

Lotteries (Regulation) Act, 1998

This Act provides a framework for organizing lotteries in the country. Under this Act, the state governments have been authorized to promote as well as prohibit lotteries within their territorial jurisdiction. This Act also provides for the manner in which the lotteries are to be conducted and prescribes punishment in case of breach of its provision. Lotteries not authorized by the state have been made an offence under the Indian Penal Code. Several non-lottery playing states, like Gujarat and Uttar Pradesh, have prohibited the sale of other state-government lotteries under this Act.

Indian Penal Code, 1860

Section 294A deals with keeping lottery office. It says that whoever keeps any office or place for the purpose of drawing any lottery not being a State lottery or a lottery authorised by the State Government, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

And whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery, shall be punished with fine which may extend to one thousand rupees.

Internet gambling

The law related to gambling is also applicable to online gambling. All gambling contracts are considered to be wagering contracts and it is not possible to enforce such contracts under the ICA, detailed above.

As pointed out earlier, the online lottery is the most popular form of internet gambling in India. Most companies marketing and distributing or conducting state government-sponsored lotteries through the internet are not allowed to sell their services in the states that banned lotteries. In most cases, these marketers and distributors limit their online services to consumers who are residents of the states where a lottery is permissible. Notwithstanding the fact there has been no reported case of breach by any company promoting online lotteries, most of these companies (as a safeguard) seek an undertaking from their consumers relating to their residence.

There have been instances where one state has banned the lottery of other states, including online lotteries. In a recent case, the Karnatka High Court upheld the decision of the Karnataka government to make itself a ‘lottery free zone’ by imposing a ban on lotteries of all other states, including online lotteries under the Lotteries (Regulation) Act 1998. The state government, in this case, directed the closure of the terminals and kiosks selling the online lotteries.

Enforcement over foreign jurisdictions

If the websites are hosted and operated from outside India, it may be difficult for the Indian authorities to issue any directive to close them down or prohibit their access without using its blocking powers under the ITA. The authorities have little to worry about, as Indian foreign exchange laws do not permit remittances outside India for gambling related activity, such as the purchase of lottery tickets, football pools and sweepstakes. As a result, a gambling website hosted outside India aiming at receiving money from within India cannot do so through legal channels.

Conclusion

Online gambling remains a highly regulated sector with seemingly limited horizons to grow. While the present regulatory framework makes it difficult for offshore gambling websites to target customers in India, the India-based companies can only distribute and market state-government lotteries online in permitted territories. The pervasive authority with the government to block gambling related websites and the impossibility of enforcing gambling-related contracts further discourage the prospects for the industry.

Do You Road Rage? Why We Do, and What We Can Do About It

Living in a city like Los Angeles requires a commute on some form of Freeway (too many to list), a journey through bumper to bumper surface streets, and possibly a walk. All of this is cemented between our daily stressors of work and family.

It’s often common for us to leave home upset around time management issues, conflicts with loved ones, or the dread of going to a place of employment. How can this not affect us? Most of us are also aware that there is an unofficial “Rules of the Road” handbook that establishes polite behavior, which is not followed by many. The perfect storm of impolite driving (unsafe, or self-righteous), and an average person’s bad day can lead to escalations that are unsafe for all parties. Most of us would call this sudden explosion of anger, Road Rage.

While the actions of others remain out of our control, we can be more mindful of our own state as we enter our cars. When a person makes a physical check of possible obstructions prior to pulling out of a space, they are hyper aware. Their eyes search all mirrors for people, dogs, and other cars as if life depended on it, and in many ways this is true. We can also look inward, within ourselves. Creating an awareness of how you are feeling prior to starting the ignition, can be helpful in creating awareness of where you are at.

Road Rage is related to the tipping point of our agitation. What is your frustration tolerance at that particular time, on that particular day? Some people appear to always be at a high frustration level, but for others, irritation can sneak up more slowly. What are the daily obstacles we still have in front of us? Maybe there is a specific meeting, appointment, or a time we have to pick up our kids. It could be the time of day we depart such as rush hour, or a work related task that still lingers on our mind. Are we late? There is an infinite amount of possible stressors, and personal drama or what we might call personal crisis situations (hey it seems like a crisis to us!), but when paired with inconsiderate drivers things can explode.

If we were to rank our personal wellbeing on a scale of 1-10, with one being Buddha, and 10 being Hulk, most likely we all live in a 3 most of the time. It’s once we cross 5 or 6, that we want to become more mindful of Road Rage triggers, and our own body awareness. This is the time we can course correct, prior to further and potentially more dangerous escalation.

Every person has a different anger response. If we begin to track our outbursts, we become more aware of the patterns in our triggers. This is where we can consciously begin to change patterns and replace or alter behaviors. Tracking body symptoms prior to outburst (twitching eye, flushed face, rapid breathing, warm forehead, watery eyes, itchy shoulders or neck, clenching, etc..), can be helpful in establishing patterns, but we need to work on better planning to implement prior to these escalations.

Listening to the radio, taking deep and purposeful breaths, or talking to a good friend or family member can be helpful. Avoiding conflicts while driving is a good rule of thumb as well. When a person is riding at an 8 or 9, it does not take much to be the straw that broke the camel’s back. As our mindfulness and self-awareness increase, it’s easier to make better choices, and do the things we need to do to be safe.

Growing Indian Automobile Industry

In the race to be a superpower, India is making frequent and astounding advancements in all fields. From power generation to constructing modern roads, every sector has a huge impetus. Rising above all in a very distinct and appreciable way is the Automobile Sector of India. The automobile sector forms one of the fastest growing sectors in the Indian economy and so is the popularity of automobiles in India. A number of cars and other automobiles are imported and exported every year. Indian Automobile market witnesses a large scale manufacturing of cars, bikes, vans, buses and tractors.

Indian automobile industry is the tenth largest in the world. Every year new and advanced model of cars, bikes and other vehicles are launched by various leading manufacturers suiting the consumer needs. Occupied by various major automobile manufacturers like Tata Motors, Ford Motors, Volkswagen, Maruti Udyog, Hero Honda, Bajaj Auto, Yamaha Motor etc, Indian Autombile industry has become a battlefield of technology, performance and styling. Automobile industry in India is one of the fastest growing automobile industries and has made its position in the world market.

The Indian automobile Industry is currently growing at a remarkable pace of around 18 % per annum. The technological changes and progress successfully led to the progress of automobile sector in India. The main reason behind this tremendous progress is the economic liberalization by Indian government.

Ever since the foreign direct investment has been allowed, the automobile market has got its foot on the accelerator. The growth of Indian middle class with increasing purchasing power and availability of trained manpower at reasonable cost is another reason for the eminent growth and has pushed it to new capacities. International automobiles giants have helped Indian automobile sector to enlarge by setting up local basis. The increasing competition in auto companies has opened up many choices for Indian consumers at competitive costs. The Indian Automobile industry is growing in all respects and it is also serving as an important source of employment. Innovation and new product launches are a major factor driving growth in sales of cars. A wide distribution & service station network is a key to growth in India. The automobile sector is expected to witness strong growth and improve its share in global markets too.

Rita Jain is a well known website author.With her growing interest in automobiles, she has written this article on the Fast track Automobile Industry of India. The exceptional growth and tremendous competition influenced her and here is she sharing her views on the automobile market of India.