Chennai: Kerala High Court on Monday ruled that the ban on online games such as rummy and poker that are played for stakes is unconstitutional, as most of the games are skill-based.
According to a report in Bar and Bench, the observation was made during a hearing on a bunch of trademark cases challenging the state’s banning of online rummy. The court stated that banning online games of skill played for money violated fundamental rights and that the ban on online rummy was unconstitutional and hence unenforceable.
As per the reports, the petitioners filed a petition at the Kerala High Court challenging the notification published by the state government on February 23, 2021 under sections of the Kerala Gaming Act, 1960 which banned ‘online rummy when played with stakes’ and they cited the Supreme Court judgment in multiple cases including state of Andhra Pradesh vs K Satyanarayana and Ors and KR Lakshmanan vs state of Tamil Nadu and Ors. Since the Supreme Court noted that competitions requiring skill could not be classified as gambling, and therefore cannot be prohibited by state gambling and gaming laws, the petitioners said the game should be protected by Article 19(1)(g) of the Indian Constitution.
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The court said in its report that the government’s notice banning the game was unenforceable as it found merit in the petitioners’ arguments. The Madras High Court recently struck down the amendment to the Tamil Nadu Gaming Act, 1930 that banned online games with stakes. In hearing writ petitions filed by private companies offering online games, some of which include Junglee Games India Private Limited, the court unanimously struck down the law.
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