The Ordinance brought by Tamil Nadu Government banning ‘Online Rummy’ has expired. Gamblers cannot be prosecuted under the Act. The number of people who lose money and commit suicide due to online gambling is also increasing.
‘In relation to the Online Gambling Prohibition Act, the bill was passed in the Tamil Nadu Assembly; Later, it was sent to the Governor for approval.
BJP support for Governor
“The Governor’s delay made it impossible to implement the law. The party of DMK blames that he should be responsible for the deaths that happen through online gambling. Tamil Nadu BJP leader Annamalai, who raised his voice in support of the governor’s action, said, ‘The government passed the emergency law and got the governor’s approval for it, immediately. An Ordinance was passed and it was not gazetted. “That is why the law has lost its life. This mistake is the reason why the law cannot be implemented,” he said.
Regarding what is going on in this matter, Madras High Court advocate Tamilmani said: The question is whether playing rummy online is gambling or a game. The law says it is a game. It is true that many people have lost money, become debtors and died. When running a hundred buses, two of them may meet with an accident; Bus traffic cannot be stopped for that. The issue of whether rummy game is gambling is all over the world. The great courts of the world have also discussed this issue. Online rummy is a matter of skill or luck. This means playing with skill. Playing with luck is wrong. The argument that only online players are dying is not valid.
Not gambling
Thousands have died in ‘offline’ i.e. directly gambling. That is why it is called money without working. At the same time, talent money is acceptable. In online gambling, the law allows it to be paid based on skill.
Section 34 of the Second Schedule to the Constitution Act, Seventh Schedule, deals with ‘betting gambling’. It is clearly stated what matters a state government can legislate for. The Tamil Nadu government says that ‘as section 34 deals with gambling, we have the power to legislate for it’. Based on this, the ADMK government brought a law to prevent online rummy games. A case was filed against it in the Madras High Court.
At the conclusion of the investigation, ‘Rummy is not a game of gambling; It is a game played on the basis of skill’, the High Court has said. Further, the High Court has said that the ‘Tamil government has no power to legislate under Article 34’. Tamil Nadu government has also ordered to cancel the prohibition law. Against this, they have appealed to the Supreme Court on behalf of the Tamil Nadu government. The Supreme Court refused to stay the High Court’s order; The case is pending. It is in this context that DMK and the government, which has just taken office in Tamil Nadu, have taken the field in an attempt to ban the online rummy game.
Report submission
While the law passed by the previous government has been repealed, a commission was set up under the leadership of former High Court judge Sanduru to find out what the law says before re-enacting it. Justice Sanduru submitted the legal issues as a report.
According to the Supreme Court, the State Government cannot bring a new law against online gambling as stated in Section 34 of the Second Schedule to the Seventh Schedule of the Constitution. The state government does not have the power to do so. ‘So, we can approach the central government and urge them to come up with a law to solve such problems for the entire country,’ he said. Discussed and passed an ordinance banning online rummy and sent it to the Governor for assent; The governor also approved it.
But if this emergency law is to survive for a period of six months, immediately after its approval, an ordinance should have been passed and published in the gazette. But the government did not do that. I think they have been complacent without paying attention to it.
No difference
In this context, the assembly met. A bill to ban online rummy was filed there. The House approved and the Bill was sent to the Governor for his assent, but the Governor did not give his assent. The DMK is criticizing that the governor is delaying the bill by not approving it. As the Tamil Nadu government did not issue an ordinance to protect the already enacted emergency law, the emergency law has become invalid. Governor Ravi called Tamil Nadu Law Minister Raghupathi and asked him for an explanation regarding the defects in the bill.
The Governor is the person who oversees the administration of the Tamil Nadu government. Governor cannot function like a government or a court. Already, there is no big difference between the law passed by the ADMK government and the bill that the DMK is currently sending the government. K., the government brought the law.
Option to cancel
However, the DMK and the government removed offline from the already enacted law and banned only online gambling, enacted a bill and sent it to the governor for approval.
Even if the governor is powerful, DMK should have approved the bill sent by the government, pointing out what the Madras High Court has already said. He said that even if the Governor has approved the bill pointing out its flaws, there is a high chance that it will be overturned in court.
– Our Correspondent —
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