In November, 2020, the Governor of Tamil Nadu promulgated the Tamil Nadu Gaming and Police Laws (Amendment) Ordinance, 2020 (“ TN Ordinance”) which amends the Tamil Nadu Gaming Act, 1930 (“ TN Gaming Act”), the Chennai City Police Act, 1888 and the Tamil Nadu District Police Act, 1859 (collectively, “ TN Police Acts”).Ī press release was issued by the Government of Tamil Nadu along with the TN Ordinance highlighting the rationale for its promulgation, i.e., the fact that innocent people, especially youngers, had been cheated by online gaming providers and committed suicide due to online gaming in the State. The State’s legislative competence to enact laws pertaining to ‘betting and gambling’ under the Constitution of India 4 (“ Constitution of India”) was confined to betting on games of chance. Even if the State may have power to legislate on games of skill under other entries, the complete prohibition on games of skill was considered disproportionate. The Court held that the complete prohibitions on for money online games of skill under the Amendment Act were unreasonable, excessive, and manifestly arbitrary, thereby falling afoul of Article 19(1)(g) of the Constitution 3. The High Court of Madras (“ Court”) has struck down certain amendments 1 introduced by the Tamil Nadu Gaming and Police Laws (Amendment) Act, 2021, (“ Amendment Act”) as unconstitutional in the matter of Junglee Games India Pvt.
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