Kerala lifts online Rummy ban

Touchstone Partners expands on the lifted ban

Senior Associate Surbhi Soni at Touchstone Partners, explains, “The Kerala High Court has, in the case of Head Digital Works Private Limited and others v. the State of Kerala and others, quashed the Government notification banning online rummy (when played for stakes) on the grounds that the notification bans a game which already stands exempt from the provisions of the Kerala Gaming Act, 1960 by virtue of being a game of skill and that since rummy does not come within the meaning of gambling or gaming, providing a platform for playing the game (which is in the nature of business) cannot be curtailed.  The court also opined that stakes cannot be the criterion for assessing whether a game is one of skill or chance.

However, much like the similar Madras High Court judgment in the recent case of Junglee Games India Private Limited and another v. the State of Tamil Nadu and others, even this decision remains subject to any appeals that may be (and likely, will be) preferred by the respective state Government before a superior court or larger bench.  The judicial trend, however, does lend some hope for a similar adjudication with respect to the proposed amendments to the Karnataka Police Act, 1963.

The need of the hour, really, is for the legislature to put together a well-thought-out piece of legislation to regulate and enable the industry rather than resorting to implementing blanket bans on online games played for stakes.”