Tamil Nadu government moves SC against HC banning online betting games

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Seeking to reinstate the ban, the state government in its appeal told the SC that the HC erred in stating that the state government did not have legislative authority to pass the amending law. from 2021.

The Tamil Nadu government on Tuesday moved the Supreme Court against the Madras High Court order that overturned the Tamil Nadu Gaming and Police Act of 2021 (amendment) banning playing games such as rummy and cyberspace poker with stakes. However, the HC had said that nothing prevented the state from promulgating a new law to regulate these games.

Seeking to reinstate the ban, the state government in its appeal told the SC that the HC erred in stating that the state government did not have legislative authority to pass the amending law. of 2021. “The HC lost sight of the fact that the contested amendment law, in essence, constitutes legislation on the subject of ‘betting’, which is a separate area open to state law under the Constitution, ”he said.

Claiming that teenagers and adults lose all of their winnings and savings in these online betting games, the government of Tamil Nadu has stated that although rummy can be a game of skill, gambling using wagering will become a game of skill. Game.

According to the petition, the contested amendment law also fully complies with Part III of our Constitution. As for compliance with Article 14, the Amending Law of 2021 is reasonable because it “establishes a clear classification between online games played for financial or other stakes and other games” and the classification has a “rational connection with the stated purpose of the contested law to combat the ruinous addiction to gambling activities, which has resulted in numerous suicides and other economic and social harm.

The contested law also cannot be described as patently arbitrary, as its enactment was guided and supported by a body of data and administrative experience describing the harmful effects of gambling addiction in society, ”the government said. of State.

Calling legitimate business gambling, the HC declared unconstitutional on August 3 Part II of TN’s Gaming and Police (Amendment) Act 2021, which prohibited betting or betting in cyberspace as well as gambling. address if they were played for a bet, bet, money or other stake.

By imposing a comprehensive comprehensive ban, the least intrusive criterion was violated and the ban was thus violated in Article 19 (1) (g) of the Constitution which allows persons to exercise any any profession or to exercise any occupation, trade or business, said the HC. She also added that legislation imposing a sweeping ban must be seen as excessive and disproportionate to the aim pursued.

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