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SIMON ZUBIN RAJAN

E-mail response to an article in English daily in India that may be found at the link pasted belowhttp://www.hindustantimes.com/Specials/Cricket/IPL/Chunk-HT-UI-IPL2012-BestOfIPL/Legally-illegalbut-you-can-bet-online-in-India/SP-Article10-858829.aspx According to the Public Gambling Act (1867), all kinds of gambling in India are illegal, said Vikrant Pachnanda, a Delhi high court advocate and managing editor of India Law Journal, a periodical that expresses views on topical legal issues. But unlike in the US where there is the American Internet Gambling Prohibition Act, no specific laws exist in the Indian system that bar online gambling, said Pachnanda. This article is a pithy example of misinformation. Chomsky comes to mind. On topic; The Public Gambling Act (1867) applies only those state's that have not enacted their own statute's on the subject.[States of the Union of India are empowered to do this under the 7th Schedule of the Constitution of India; specifically Entry 34 of List II-The State List. You would do well to remember we are a federation of states. A certain union conceded autonomy manifests itself in federal state structures by the form of individual state laws.] Just to confound you, I would also suggest perusing the Information Technology (Intermediaries guidelines) Rules, 2011, and of course, Entry 31 of List I-The Union List. Most, if not all gambling statutes condone the playing the games of skill; such games are excluded from the definition of gambling. This is in keeping with the Public Gambling Act (1867) so there can be no arraignment on the ground of unconstitutionality. The Supreme Court of India has unequivocally deigned to permit horse-racing and its all too well known ancillary activity. Cricket might be just as tough a cookie. Certain Southern Indian High Courts have also granted exception to games or activities of skill from the definition of gambling, thus skirting penal liability. Now, as for the moral argument, life is replete with risk. Risk, on the other hand can infuse the mind with that searing sensation of life-also known by the name of adrenaline. Sex, high speed, drugs and intoxicants, are all perceived as elevations from this mundane existence. Its mere suggestion can quicken the heart. What price a little speculation? I'd love to read your analysis of the core business of insurance or banking or even stock brokerage. Incidentally, how's the monsoon looking this year?