Online rummy, played with or without stakes, “is a game of skill”, the Kerala High Court hung on Monday while setting aside a state government notification forbidding the online playing of the game for money.

The decision, which comes as a help for many organizations engaged with the matter of creating and offering online games of skill, was articulated by Justice T R Ravi who said that the Kerala government’s February 23 notice was ” arbitrary, unlawful and violative of the fundamental rights” of such organizations.

The high court said that the Supreme Court has as of now held that rummy was “a game of mere skill” and “playing for stakes or playing not for stakes can never be a basis to see if a game is a game of skill”.

Hence, for the very reasons that rummy was held to be a game of skill, online rummy was additionally a game of skill, the high court said.

“Online rummy played either with stakes or without stakes stays to be a ‘game of skill’,” it said and added that even without notification the game will come extremely close to the Kerala Gaming Act and will enjoy in the exceptions gave under it to games of skill.

also, since the game doesn’t come extremely close to ‘gambling’ or ‘gaming’, giving a stage to playing the game, which is in the idea of business, can’t be abridged,” the high court said.

It further said that the state government notification was a forbiddance on playing online rummy for stakes and was “not a reasonable restriction” under the Constitution.

“In the outcome, the notification is proclaimed as arbitrary, unlawful and violative of the fundamental rights ensured to the petitioners under Articles 14 and 19(1)(g) of the Constitution of India and thus not enforceable,” the high court said.

The order came on a batch of petitions moved by different organizations, engaged with the matter of creating and offering online games of skill in India, challenging the notification.

Senior advocate Mukul Rohatgi, showing up for one of the petitioner organizations, argued under the steady gaze of the high court that the notification was with no reasoning and arbitrary as offline rummy played for stakes was valid, however online rummy when played for stakes was being prohibited.

The high court’s decision was welcomed by the online skill gaming industry.

Former Supreme Court Judge Justice Vikramjit Sen, who is a Member of the Skill Games Council, in a statement, said, “Over the most recent couple of years, the interest in online skill gaming has been growing dramatically in the country.”

“The Supreme Court and different high courts have emphasized various occasions that online games of skill are secured under Article 19(1)(g) of the Constitution.”

Dinker Vashisht, Corporate Affairs Vice President of Games24x7, in a statement welcomed the decision and said, “The judgment by Kerala High Court is one more addition to the statute that has reliably held that games of skill are not similar to gambling and ensured under Article 19(1)(g) of the constitution.”

“The decision comes soon after the Madras High Court judgment is a shot for the dawn sector of gaming in India.”
Roland Landers, CEO of the All India Gaming Federation, likewise welcomed the decision and said that it was consoling for this dawn sector in India.

“We believed that this development will give a significant fillip to the industry by empowering investments leading innovative progressions as well as income generation and work opportunity,” he said in a statement.

Credits: KaumudiOnline