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Madras High Court Calls Tamil Nadu Online Gaming Ban ‘Invalid’

The Madras High Court declared on Tuesday that the online gaming ban imposed by Tamil Nadu was ‘invalid.’ Furthermore, the Madras HC also stated that the law enacted by the Tamil Nadu government for banning online betting games like rummy and poker as ultra vires of the Constitution. The first bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy mentioned that the legislation is ‘excessive and disproportionate to its object.

The court passed an order in response to the pleas filed by online gaming companies. These pleas challenged the validity of the Tamil Nadu Gaming and Police Laws (Amendment) Act 2021. The petitioners stated that they were running a legitimate business like any other. They went on to add that in other parts of the country online gaming was legal then why is it treated differently in Tamil Nadu.

The firms who had challenged the Tamil Nadu online gaming ban also added that the Supreme Court in 1968 had very clearly categorized online rummy as a game of skill and not a game of chance. Hence, online rummy cannot be banned in Tamil Nadu. The Madras HC clearly stated that the challenged amendment was capricious, irrational, excessive, and disproportionate. 

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The state government of Tamil Nadu had opposed the plea, stating that the younger population and adults (25-30 years of age) lost their savings by engaging in online betting games. Further, the state government also added that rummy when played for stakes simply becomes gambling, despite being a game of skill.

The High Court further stated, “Nothing in this order will prevent the government from introducing appropriate legislation on the issue conforming to Constitutional principles of propriety,” 

The Tamil Nadu Gaming & Police Laws (Amendment) Act 2021 was challenged on three grounds. One, the state did not have legislative competence to frame laws. Second, the law banning games like online rummy played for stakes was an infringement to the right to free trade and commerce guaranteed under Article 19(1)(g) of the Constitution. 

The third ground was that the law was manifestly arbitrary as it banned all kinds of games, played for stakes or wager and the law was too broad and vague. Jay Sayta, Founder of Glaws.in mentioned that this is a historical judgment. 

For more news and updates about rummy promotions, keep reading GutshotMagazine.com. Follow us on Facebook, Instagram, Twitter, and Telegram. 

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