Tamil Nadu Law Minister Clarifies Only Online Gambling & Not All Online Games Will be Banned, State Responds to Governor’s Doubts on Legislation

The Tamil Nadu government`s second attempt at banning online games for stakes has been in the news for several months. The Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022, was tabled and passed in the state cabinet on October 20. The bill is still awaiting the approval of Governor RN Ravi, who recently sought clarification from the state government on certain provisions of the ordinance.

Responding to the Governor’s queries, Law Minister S Regupathy sought an appointment with him to expedite the matter. On Friday, November 25, Regupathy clarified that the ordinance did not propose a blanket ban on all online games, but once approved, only online gambling will be banned.

“Games are not completely banned. They have been differentiated as a game of chance and a game of skill, and only online gambling is banned. Therefore, it is a proportional restriction,” Regupathy said.

State’s Response to Governor’s Query

According to news reports, Governor RN Ravi raised an issue referring to the Madras High Court order that quashed the first online gaming bill passed by the state government, calling it unconstitutional. He underlined that the court has emphasized that a blanket ban without distinction between the games of chance and the games of skill is in contravention of Article 19 (1)(G) of the Constitution.

Clarifying the state’s stand on the same, Law Minister Regupathy said, “On Thursday morning, we received a letter from the Governor asking for certain clarifications. We submitted our response within 24 hours. This shows that the DMK government under CM MK Stalin is keen on enforcing the ban in the interest of the people.”

“We replied that the proposed Act is within the ambit of the Constitution and has been framed considering the entries in List 2 of the Seventh Schedule of the Constitution. The power of the state government in making laws on gambling can be traced to Entry 34 List II of the Seventh Schedule of the Constitution on betting and gambling: public order, public health, theatres, and dramatic performances. This Act is not against the Constitution. This draft law to ban online gambling is constitutional.”

Regupathy pointed out that the previous bill passed by the AIADMK government could not stand up to legal scrutiny. “We addressed the issues raised by the Madras High Court and also included certain clauses and sent the Bill for assent.”

“But the law was enacted to ban online games on the grounds that when played online, there are chances for cheating and money laundering as the game is played based on a (computer) programme written by the creator of the game. Therefore, this is draft law is subject to the aforementioned Article 34 of the Constitution.”

Tamil Nadu Online Gaming Ordinance – On a Timer

The Tamil Nadu cabinet approved the online gaming ban legislation on September 26, and on October 7, Governor R N Ravi approved it. The government issued a gazette notification on the ordinance’s passing, stating that the regulation would come into force on the date notified by the government. The state government is yet to notify the date.

To make the ban on real-money gaming permanent, the Tamil Nadu State Assembly on October 20 tabled and passed the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022.

Given that the ban is still not in effect, the Madras High Court on Wednesday, November 16, directed the All India Gaming Federation (AIGF), PlayGames 24X7 Private Limited, and Head Digital Works Private Limited to withdraw their constitutional petitions seeking a stay on the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Ordinance, 2022.

The opposition party AIADMK has been vociferously demanding a ban on online gaming in pursuance of which the former CM Edappadi K Palaniswami met Governor RN Ravi at Raj Bhavan on Wednesday.

The TOI reported a state official as commenting, “It is strange the reason for the pendency of the bill given that the ordinance was promulgated by the governor.”

The bill is reported to be among the 20 pending the Governor`s approval. While that could be a primary reason for the delay, ordinances are only valid for six months from the date it comes into effect.

This is a developing story. Keep following PokerGuru for the latest updates!