Study panel must list technical aspects in report to strengthen new law, say experts

CHENNAI: While the DMK-ruled state government has constituted a committee headed by Justice K Chandru to submit a report to back the state’s upcoming emergency law to ban the online rummy game which led to many suicidal deaths, the legal experts who fought for the cause stress that the legislation should have more technical aspects than anecdotes elaborating the plight.

The Madras High Court’s first bench comprising then Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy had already struck down legislation Tamil Nadu Gaming and Police Laws (Amendment) Act of 2021, brought by the then AIADMK government to ban the online rummy game.

The HC held that the legislation was against Article 19 (1) (g) of the constitution which ensures the right of anyone to practice any profession. Apart from the Madras High Court, the high courts of Kerala and Karnataka had also struck down the special laws passed in the state assemblies to ban online games.

Therefore, a challenge lies before the state of Tamil Nadu to make its bill survive after it was passed in the Assembly.

When contacted, Justice K Chandru to get his response on the issue, he said that he could not reveal anything before filing his committee’s report to the state government.

At this juncture, advocate R Ramalingam, who has been fighting for the online rummy ban in the court as well as before the governments said that the new bill should consider a holistic view including the technical issues in the online rummy game which has been trapping people to lose their lives and earnings.

“When the Madras HC quashed the amendment brought by the state in 2021, the judges held that there is nothing technical to prove that the game is offensive. The court held that the government had merely submitted some emotional anecdotes. Therefore, the government should consider the technical issues with the game while passing the statute to ban the game,” the advocate told DT Next.

“While playing rummy online, we don’t know with whom we are playing on the other end. It is clueless that the people who play in the opposite may be either a human or an AI (Artificial Intelligence) machine. When a person is entering the game, the AI will assess his strengths and weaknesses in the game in just three or four moves and the algorithms could be changed making the game tougher for him,” Ramalingam added.

He further asked while the courts are calling online rummy a game of skill, why the physical form of rummy is banned in several places.

Ramalingam also pointed out that the Madras HC, while quashing the amendment banning the online rummy game, granted liberty to regulate the online rummy.

“There is nothing to regulate in this matter. Banning online rummy is the only solution. Calling it a game of skill is also incorrect as the online rummy game is predominantly based on chance rather than skill. The game of skill is one where the outcome is determined mainly by mental or physical power rather than by chance,” the lawyer explained.

He also noted Article 19 (1) (g) cannot override the states’ power in licensing businesses.

Activist and Advocate Ayya who filed PILs against illegal online advertisements stated that while the lottery is banned in Tamil Nadu and why not the online rummy game which is equally dangerous to the public.

“A few advocating for online rummy say that it is a game of skill and it is like rewarding cricket and football players with cash prizes. However, it is not the case since football and cricket players did not spend from their pockets for playing the game. However, people who play online rummy are spending thousands to lakhs from their pocket. Therefore, it is merely a game of chance,” Ayya noted.

Senior advocates Abishek Singhvi, and PS Raman who appeared for the online rummy companies before the Madras HC did not respond to calls or messages.

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