THE KERALA HC HELD THAT BAN ON ONLINE RUMMY IS UNCONSTITUTIONAL AND ARBITRARY

The Kerala High Court, while allowing a batch of petitions challenging the state government's ban on online rummy, held that such a ban is unconstitutional and that rummy is a game of skill. And banning skill games for money (online) is arbitrary and a violation of fundamental rights.

The petitioners challenged the Kerala government's notification on February 23, 2021, under the provisions of the Kerala Gaming Act, 1960, which bans rummy when played for stakes. The petitioners referred to the Top Court's judgment on State of Andhra Pradesh v K Satyanarayana and Ors and KR Lakshmanan v. State of Tamil Nadu and Ors, where it was held that rummy is a game of skill. The Supreme Court also held that any game where success is dependent on an ample degree of skill would not amount to gambling.

The Petitioner argued that profit obtained by the petitioners from a skill game with stakes is a business and is protected under Article 19(1)(g) of the Constitution. It is already settled that online rummy is a game of skills under gaming regulation. Hence, the notification banning the game is ultra vires Article 246 of the Constitution of India.

The Single judge Justice TR Ravi found merits in the petitioner's argument and declared the government's notification as unenforceable.

Author: Papiha Ghoshal