A single judge TR Ravi of the Kerala High Court had permitted a batch of petitions challenging the state government’s prohibition on online rummy. The Court has now quashed an amendment to a notification given by the state government under Section 14A of the Kerala Gaming Act, 1960, which tried to boycott online rummy in the state. It said that the notification was arbitrary and violative of the right to trade and commerce ensured under Article 19(1)(g) of the Constitution and the right to equality ensured under Article 14 of the Constitution.

Senior advocates Mukul Rohatgi and Joseph Markos and advocate Santhosh Mathew and Thomas Kuruvilla showing up for four online rummy organizations challenged the boycott and said that the government couldn’t force a prohibition on online rummy and explained that it is a game of skill. It was likewise contended that the power under Section 14A of the Kerala Gaming Act, 1960, is restricted to determining what is a game of adequate skill to warrant the exception from gambling guidelines.

The petitioners (gaming organizations) contended that the Supreme Court and different High Courts had as of now announced online rummy as a game of skill, which is lawful in India. The petitioners depended on the decisions of the Supreme Court in State of Andhra Pradesh versus K Satyanarayana and Ors and KR Lakshmanan versus State of Tamil Nadu and Ors, where it was held that rummy is essentially a game of skill. Advocate N Manoj Kumar, who showed up for the state government, countered this by saying that online rummy was bringing about different social issues, including suicides and loss of hard-earned incomes. The state government likewise argued that the High Court in a different case in 2019 had decided that rummy played for cash adds up to gambling. It informed the Court that a survey appeal documented by three online rummy organizations against the request was additionally dismissed by a division bench of the High Court.

It is appropriate to take note that the state gave notice on February 23, 2021, explaining that when played for stakes, online rummy does not enjoy exclusion from the overall prohibition of gaming and gambling conceded under Section 14A of the Kerala Gaming Act, 1960. The four gaming organizations Junglee Games India Pvt. Ltd, Play Games 24×7 Pvt. Ltd, Head Digital Works Pvt. Ltd, and Gameskraft Technologies Pvt. Ltd had moved toward the High Court challenging the censured notification.

Dinker Vashisht, VP, corporate affairs, Games 24×7 said that the judgment by the High Court is one more expansion to the law that has reliably held that games of skill are not similar to gambling and ensured under Article 19(1)(g) of the Constitution. Roland Landers, CEO, All India Gaming Federation (AIGF), said:

“The judgment passed by the Kerala High Court is consoling for this dawn sector in India, especially coming with hardly a pause in between of the new notable positive judgment for online skill gaming by the Madras High Court. We accept that this development will give a significant fillip to the industry by empowering investments leading technological advancement just as income generation and job work.”

Landers further said that AIGF is a not-revenue-driven association and has the stakeholders of the online gaming industry as its members. It has a strong self-regulation charter, regulated by the Skill Games Council, which is being followed by all of its members in compliance with the surviving rules that everyone must follow. He added that through the adoption of principles and the disciplinary process, the AIGF has assembled a self-regulatory community and facilitative environment for the proposal of online games of skill straightforwardly and reasonably, with due respect for customer and stakeholder interests.

Emphasizing the requirement for promoting skill-based gaming, Justice Vikramajit Sen, member, Skill Games Council, and former judge of the Supreme Court and former chief minister of the Karnataka High Court, added: “Over the most recent couple of years, the interest in the online skill gaming has been filling dramatically in the country.”

The Supreme Court and different High Courts have reiterated on various occasions that online games of skill are secured under Article 19(1)(g) of the Constitution. The Indian online gaming industry is at the cusp of change, taking a gander at a development direction of more than $3.9 billion by 2025, as per consulting firm KPMG.

With a single goal of guaranteeing development for the industry, while checking operational transparency and adherence to the strictest potential standards and conventions, AIGF as of late announced the induction of former senior bureaucrat Dr. Sutanu Behuria as president of its Policy and Planning, Rummy Chapter. Remarking on the striking of the online rummy boycott notification in Kerala, Behuria said: “We commend the Kerala High Court’s judgment quashing the online rummy boycott notification.”

Online gaming today has arisen as a significant road because of a huge number of good factors, for example, youthful and technically knowledgeable populace, reasonable accessibility of featured-stuffed smartphones, better internet availability, expanded awareness, and development. In this manner, the domestic business can increase rapidly and turn into a significant contributor.

Prior, the Madras High Court quashed those amendments to the Tamil Nadu Gaming Act, 1930, which had forced a sweeping boycott in the state on all games (counting online games) played for stakes. The Court held that not exclusively were the amendments violative of the fundamental right to a profession, business, trade, or occupation, but on the other hand, were past the legislative skill of the state governing body under the applicable legislative entry of “betting and gambling” as given under the Constitution of India.

In November 2020, the governor of Tamil Nadu declared the Tamil Nadu Gaming and Police Laws (Amendment) Ordinance, 2020, which amended the Tamil Nadu Act. The ordinance extended the Act, which governs gaming and gambling in the state, to the online medium and invalidated the current exemption for games of skill, consequently disallowing all games played for stakes. The ordinance was before long followed and replaced by The Tamil Nadu Gaming and Police Laws (Amendment) Act, 2021, which was enacted in February 2021 and had provisions indistinguishable from the ordinance.

The Karnataka Police (Amendment) Bill, 2021, was tabled in the legislative assembly on September 17 to boycott online gaming or betting by amending the Karnataka Police Act of 1963, with the greatest detainment of three years and penalty up to Rs 1 lakh. Karnataka Home Minister Araga Jnanendra presented the Bill, which intends to “boycott online games, involving all types of wagering or betting, including for the type of tokens valued in terms of money paid previously or after issue of it.” It additionally prohibited electronic means and virtual currency, electronic exchange of funds regarding any game of chance.

Notwithstanding, the truth of the matter is that the Indian gaming industry throughout the years has been attempting to bring due attention to this dawn sector and the judgment further persuades the industry to push ahead. The online gaming industry is exceeding most different sections of our economy, filling more than 20 % yearly, and contributes altogether to tax revenues.