Feature
It is states’ duty to set up human rights commissions, says SC
New Delhi: The Supreme Court has said that it was the statutory duty of the state governments to set up state human rights commissions as their absence makes access to justice by the victims of the human rights violation an “illusion”.
“The power of the state governments under Section 21 to set up state human rights commission in their respective areas/territories is not a power simpliciter but a power coupled with the duty to exercise such power,” said a bench of Justice T.S.Thakur and Justice R. Banumathi in their judgment on Friday.
“It is a matter of regret that despite the National Human Rights Commission itself strongly and repeatedly recommending setting up of state commissions, the same have not been set up,” said Justice Thakur pronouncing the judgment.
The court directed Delhi, Himachal Pradesh, Mizoram, Arunchal Pradesh, Meghalaya, Tripura and Nagaland to set up human rights commissions as it noted the Delhi had the second highest number of complaints of human rights violations lodged with the National Human Rights Commission.
The court also noted the submission by senior counsel and amicus curiae Abhishek Manu Sighvi in the matter that the NHRC’s report on its 20th foundation day said that of the 94,985 fresh cases registered before it, the largest number – 46,187 – came from Uttar Pradesh followed by 7,988 from Delhi and 6,921 from Haryana.
“So also, it is not the case of the northeastern states where such commissions have not been set up that there are no violations of human rights in those states.
“The fact that most if not all the states are affected by ethnic and other violence and extremist activities calling for curbs affecting the people living in those areas resulting, at times, in the violation of their rights cannot be disputed,” the court said emphasizing the need for setting SHRCs in northeastern states.
“Such occurrence of violence and the state of affairs prevailing in most of the states cannot support the contention that no such commissions are required in those states as there are no human rights violations of any kind whatsoever,” the judgment said.
It brushed aside the plea of financial constraints in setting up the SHRCs saying “there is no real basis for the contention that financial constraints prevent these states from setting up their own commissions”.
The court’s directions on a PIL by Calcutta High Court’s former judge, Justice D.K.Basu seeking direction to prevent the violation of human rights. The court in a slew of directions has directed installing of CCTV cameras in prisons, setting of special human rights courts, positing of atleast two woman officers at every police stations and others.
The State Scores Extra High on Gaming-Friendly Industry Index
Meghalaya scored 92.85 out of 100 possible points in a Gaming Industry Index and proved to be India’s most gaming-friendly state following its recent profound legislation changes over the field allowing land-based and online gaming, including games of chance, under a licensing regime.
The index by the UK India Business Council (UKIBC) uses a scale of 0 to 100 to measure the level of legalisation on gambling and betting achieved by a state based on the scores over a set of seven different games – lottery, horse racing, betting on sports, poker, rummy, casino and fantasy sports
Starting from February last year, Meghalaya became the third state in India’s northeast to legalise gambling and betting after Sikkim and Nagaland. After consultations with the UKIBC, the state proceeded with the adoption of the Meghalaya Regulation of Gaming Act, 2021 and the nullification of the Meghalaya Prevention of Gambling Act, 1970. Subsequently in December, the Meghalaya Regulation of Gaming Rules, 2021 were notified and came into force.
All for the Tourists
The move to legalise and license various forms of offline and online betting and gambling in Meghalaya is aimed at boosting tourism and creating jobs, and altogether raising taxation revenues for the northeastern state. At the same time, the opportunities to bet and gamble legally will be reserved only for tourists and visitors.
“We came out with a Gaming Act and subsequently framed the Regulation of Gaming Rules, 2021. The government will accordingly issue licenses to operate games of skill and chance, both online and offline,” said James P. K. Sangma, Meghalaya State Law and Taxation Minister speaking in the capital city of Shillong. “But the legalized gambling and gaming will only be for tourists and not residents of Meghalaya,” he continued.
To be allowed to play, tourists and people visiting the state for work or business purposes will have to prove their non-resident status by presenting appropriate documents, in a process similar to a bank KYC (Know Your Customer) procedure.
Meghalaya Reaches Out to a Vast Market
With 140 millions of people in India estimated to bet regularly on sports, and a total of 370 million desi bettors around prominent sporting events, as per data from one of the latest reports by Esse N Videri, Meghalaya is set to reach out and take a piece of a vast market.
Estimates on the financial value of India’s sports betting market, combined across all types of offline channels and online sports and cricket predictions and betting platforms, speak about amounts between $130 and $150 billion (roughly between ₹9.7 and ₹11.5 lakh crore).
Andhra Pradesh, Telangana and Delhi are shown to deliver the highest number of bettors and Meghalaya can count on substantial tourists flow from their betting circles. The sports betting communities of Karnataka, Maharashtra, Uttar Pradesh and Haryana are also not to be underestimated.
Among the sports, cricket is most popular, registering 68 percent of the total bet count analyzed by Esse N Videri. Football takes second position with 11 percent of the bets, followed by betting on FIFA at 7 percent and on eCricket at 5 percent. The last position in the Top 5 of popular sports for betting in India is taken by tennis with 3 percent of the bet count.
Local Citizens will Still have Their Teer Betting
Meghalaya residents will still be permitted to participate in teer betting over arrow-shooting results. Teer is a traditional method of gambling, somewhat similar to a lottery draw, and held under the rules of the Meghalaya Regulation of the Game of Arrow Shooting and the Sale of Teer Tickets Act, 2018.
Teer includes bettors wagering on the number of arrows that reach the target which is placed about 50 meters away from a team of 20 archers positioned in a semicircle.
The archers shoot volleys of arrows at the target for ten minutes, and players place their bets choosing a number between 0 and 99 trying to guess the last two digits of the number of arrows that successfully pierce the target.
If, for example, the number of hits is 256, anyone who has bet on 56 wins an amount eight times bigger than their wager.
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