The Tamil Nadu government’s amendment of Gaming Act was struck down by the Madras High Court on Tuesday, August 3. The amendment had allowed the government to ban online games such as poker and rummy with stakes.
Chief Justice Sanjib Banerjee and Justice Senthil Kumar Ramamoorthy observed that such a ban will be unconstitutional and will be a violation of Article 19(1) (g) of the Constitution of India (right to practice any profession, or to carry on any occupation, trade or business).
The court observed that allowing the legislation can be seen as erratic, unreasonable and also excessive and disproportionate. Pointing all these, the court struck down the amendment as ultra vires of the constitution. However, the court noted that despite the bench striking down the amendment, the state government should present a new legislation to regulate online games.
The court delivered its verdict on Tuesday enabling petitions from a slew of companies challenging the amendment by the Tamil Nadu government to ban online games. The judgement by the court was reversed on July 26.
Further, the court said that the law is constituted poorly. “I think it is better to throw this out, you constitute an appropriate law,” Chief Justice Sanjib Banerjee stated in the court.
According to a Times of India report, the companies that challenged the amendment said that from 1968 the Supreme Court has clarified that rummy is not a game of chances but it is a game of skill. “Hence as per the SC the online rummy cannot be banned,”the companies in their petition said.
“As rummy can be played physically in social settings, it is only fair that the same is allowed online too and it cannot be banned.” the companies said.
However, the state opposed the plea and pointed out that the youngsters are betting huge sums of money on online games. “There are also cases of youth taking their life after losing money. Though the game is played using skill, however, if money is involved it is gambling.”added the TOI report.