Madras HC strikes down ban on online gaming for stakes

A bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy said a blanket ban on online gaming involving money violates Article 19(1)(g) of the Constitution that envisages the fundamental right to practice any profession or to carry on any occupation, trade or business

Chennai: The Madras High Court on Tuesday struck down a recent amendment made to the Tamil Nadu Gaming Act, passed in 1930, which imposed a ban on online gaming of rummy and poker with stakes. A bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy quashed the amendment made this year while allowing a batch of PIL petitions from Junglee Games India Private Limited and others. The judges said such a blanket ban violates Article 19(1)(g) of the Constitution that envisages the fundamental right to practice any profession or to carry on any occupation, trade or business.

The Tamil Nadu government had on November 21 last year passed a law banning online gambling games such as Rummy and Broker. Gaming companies Jungle Games, Play Games and Reed Digital had filed a petition in the Madras High Court to repeal of the law introduced during the previous AIADMK regime. In its response, the Tamil Nadu government informed the court gambling led to several adverse consequences, including suicide.

The bench on Tuesday said the ban was unconstitutional and the law was passed without sufficient reasons. Further, the judges ruled that online games could not be banned altogether without appropriate regulatory rules. It said there was no impediment to the government to bring in a new legislation with appropriate rules.