ALL INDIA GAMING FEDERATION HAS CHALLENGED TAMIL NADU'S BAN ON ONLINE POKER

22nd March 2021

The Government of Tamil Nadu has recently made amendments to the Tamil Nadu Gaming Act, 1930 (The Act) to ban various online games and gambling. The All India Gaming Federation has challenged the constitutional validity of the State Government's ban on online poker before the Madras HC.

The All India Gaming Federation has contended that online poker is a game of skill; it does not fall under the category of betting or gambling. The Law Commission of India, in its 276th report, has stated that poker is a game of skill. The member of the game follows a charter on online games skill; by this charter, the game can be only offered in the State where they are legal and after procuring a licence. No game can be offered to under 18 people. Further, the self-administered test is available to test for addiction.

The Government has acted beyond its legislative competence on combined reading sec 3A and 11 of the Act.  The Challenged provisions violate Article 14 as physical poker is still permitted. The Federation urged to strike down sec 3A and 11 of the Act, as amended by the Tamil Nadu Gaming and Police Laws Act, 2021.

The matter will be heard on 21st April.

Author: Papiha Ghoshal

PC: Media nama