TN ban cannot apply to games of skill, rules HC
NEW DELHI : Online rummy and poker are legal again in Tamil Nadu, with the Madras high court ruling that a state law passed last year curbing online games will not apply to these “games of skill". While the state’s Prohibition of Online Gambling and Regulation of Online Games Act, 2022, remains valid in terms of time, age limit and spending restrictions, it cannot be used to ban online titles of rummy and poker, the court said. These titles have been referred to as games of skill, and are seen under a different lens away from betting and gambling, the court ruled.
Previous laws, made along similar lines in both Karnataka and Tamil Nadu, were struck down by the respective state high courts. The states then moved the Supreme Court, where these cases are nearing verdict. Officials at three top online gaming firms confirmed to Mint that their respective rummy and poker games have restarted in Tamil Nadu.
However, the sector remains cautious on how discussions on this will proceed. “Most court precedents lie in our favour, but there is some amount of confusion among certain regulators and legislators on the nuance between an online game of skill and chance. In the end, it should not be overlooked that rummy does involve skill—and that should be enough to differentiate us from outright gambling," a gaming company executive said on the condition of anonymity.
In August 2021, the Madras high court struck down the Tamil Nadu government’s efforts to ban online fantasy games, rummy and poker in the state. The state moved the apex court, before passing an ordinance banning online real-money games in the state at the end of last year. Three lawyers with knowledge of the matter said that the Tamil Nadu government may appeal the latest
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