Not always fair game

Relevance: This article explains the new amendment passed by the TN government to ban online gaming and the court verdict around it

Synopsis

• Tamil Nadu government, driven by the desire to control the menace of online gambling, has moved legislation to ban online games like rummy and poker.

Introduction:

• The Tamil Nadu government has amended the Tamil Nadu Gaming Act 1930 and banned online games like rummy, poker etc.
• But the Madras High Court has struck down the amendment.

The justifications cited by the Government

• These games can be addictive.
• They can have an economically destabilizing impact on small households.

Madras High Court’s observation

• The amendment failed to make a distinction between games of skill and games of chance.
• The amendment added clauses that would apply to games of skill if played for a wager, bet etc. This is contrary to the previous judicial pronouncements.
• The amendment would render even offline games illegal which are played for prize money.

Issues with the legislation

• Populism has made the state paternalistic, assuming that society needs its guidance. This compromises individual freedom and choice.
• Legislation is guided more by moralism or notions of sin rather than reason.
• Excessive paternalism can easily turn into authoritarianism.

Way forward

• These activities can be regulated rather than banning them.