‘Will pass new law on online games’: TN govt after HC strikes down earlier ban

The DMK government in Tamil Nadu announced that it will soon pass a new law to ban online games such as poker and rummy. The announcement comes a day after the Madras High Court struck down a previous ban on online games in the state. On Wednesday, the DMK announced that it would bring in new legislation with proper reasons on why these online games must be banned. A press release issued by Tamil Nadu Law Minister S Regupathy stated that during the AIADMK rule, the ban was passed in a hurry, and without detailing proper reasons for such a ban. He added that this was the reason for the court striking down the law.

 “The Madras High Court said ‘they (AIADMK government) have not provided adequate reasons for why a law banning the game had been introduced. Without bringing ways to properly legalise online games, one cannot put an outright ban on all online games,’ and passed a stay on the law. In the same verdict the High Court also said that this does not mean that no new laws can’t be introduced in the future,” he said.

“Stating that public welfare is important, the Chief Minister has given an order that a law to ban online rummy, with proper reason and the right rules, should be brought out without delay, after yesterday's verdict was given. The Chief Minister, when he was the Leader of Opposition, had said on the behalf of the DMK, that online rummy needed to be banned. Therefore, in keeping with the order from the Chief Minister, I am announcing that a law banning online rummy will be brought out soon,” he added.

On Tuesday, August 3, the Madras High Court struck down the Tamil Nadu government’s amendment of the Gaming Act. This amendment had allowed the Tamil Nadu government to ban online games such as poker and rummy played with stakes. Passing the judgement, a bench of Chief Justice Sanjib Bannerjee and Senthilkumar Ramamoorthy said that such a ban “will be unconstitutional and a violation of Article 19(1)(g) of the Constitution of India which allows the right to practice any profession or to carry on any occupation, trade or business.” 

The bench also observed that allowing the legislation, passed by the former AIADMK-govt, can be seen as erratic, unreasonable, excessive and disproportionate. However, the court also added that the state government should present a new law to ban online games. The DMK Law Minister referred to this point while confirming that the state would pass a new law to ban online rummy and poker.