It was in 1974 that the then DMK chief minister, M. Karunanidhi, banned racing to protect the "common man from the evil of a colonial legacy". The DMK even erected two statues in the heart of Madras city to commemorate that decision.
But the racing lobby took the matter to the high court and then to the Supreme Court. However, even while the case was pending in court, horse racing continued unhindered, barring a brief interlude in 1986 during MGR's rule.
The judgement is bound to have far-reaching consequences as it attempts to define "skill", "wagering and betting" and "whether racing is a game of chance".
A three-judge bench—comprising Justice Kuldip Singh, Justice Hansaria and Justice Majumdar—decisively ruled that the sport cannot be prohibited by the government under the Directive Principles of State Policy. The judgement came on a batch of writ petitions filed by a host of racing associations, including the Madras Race Club (MRC). The apex court ruled that the Madras City Police Act and the Madras City Gaming Act did not cover horse racing as it could not be defined as gambling or gaming. The ruling said: "Horse racing is a game of preponderance of substantial skill."
The court also ordered the interim board constituted under the chairmanship of former Supreme Court judge S. Natarajan to run the affairs of the MRC, to hand over the management to a duly constituted board before March 31, 1996.
The DMK is obviously upset by the ruling. Says a senior DMK leader: "The Supreme Court has been consistently against Tamil Nadu, be it the Cauvery issue or the MRC issue. It is common knowledge that racing is gambling and is responsible for the total collapse of many vulnerable families. One wonders whose interests are being protected by the apex court."
But Justice Natarajan differs: "It is a beautiful judgement. Betting takes place in most games like cricket and soccer. Like in foreign countries, families can go and watch races."
And Cyrus J. Madan, a racing consultant at ITC, terms the judgement the greatest thing to have happened to Indian racing. Says he: "Horse racing has graduated into an industry. While a minimum of 10,000people watch a race, a Ranji Trophy cricket match or a national soccer tournament draws only a couple of thousands. Now more sponsors would be coming and the future of Madras racing looks bright."
Citing a humanitarian angle, K.R. Lakshmanan, erstwhile steward of the MRC before the government took over the club under the Madras Race Club Acquisition and Transfer of Undertaking Act, is equally thankful to the apex court. "The act rendered more than 5,000 people jobless," he notes. "By this judgement their livelihood is guaranteed." Adding that the restoration of powers to the MRC would result in a considerable rise in stake money and encourage off-course betting, senior steward D. Ebenezer adds: "The judgement is a boon to all the turf clubs in the country."
Probably. But it also marks the end of "positivist intervention" by the state over matters that may affect vulnerable sections of society
