TN re-enacts bill banning online rummy after it was returned by Governor

Tamil Nadu Assembly on Thursday re-enacted the bill banning online gambling and regulating online games, a fortnight after Governor R N Ravi returned the legislation to the House, with Chief Minister M K Stalin asserting that the state government has the “right to streamline, regulate, and protect” people living in its jurisdiction.

Tamil Nadu Assembly on Thursday re-enacted the Bill banning online gambling and regulating online games, a fortnight after Governor R N Ravi returned the legislation to the House, with Chief Minister M K Stalin asserting that the state government has the “right” to draft laws to protect people.

This is the second time that the Tamil Nadu Assembly has re-enacted a Bill returned by the Governor to the House in a year’s time – the House had in February, 2022 re-enacted the bill seeking exemption from NEET for the state within days of Ravi sending it back. Sources said the re-enacted bill will be sent to the Raj Bhavan as soon as possible.

The Governor who promulgated an Ordinance on this subject refused to sign the Bill into a law and returned it to the Assembly on March 6, 2023. The move by the Governor escalated tensions between the Raj Bhavan and the Tamil Nadu government which are involved in a running battle.

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Reintroducing The Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Bill, 2022, Stalin told the House that the government formulated the legislation following suggestions given by a committee led by Justice (retired) K Chandru and from the consultations with students, parents, and teachers.

“I stand in the House with a heavy heart. Forty-one people have died after losing money in online gambling. A young man, Suresh Kumar, died by suicide after penning a letter that his should be the last death due to this menace. Suicides are taking place every day and we cannot remain silent. We have the duty and responsibility to protect people,” Stalin said.

The Bill was re-enacted with support from all political parties except the BJP. However, AIADMK members staged a walkout when the Bill was taken up for voting despite speaking in its favour.

Stalin re-introduced the Bill after Speaker M Appavu announced that the Governor in a letter dated March 6 returned the Bill passed by the Assembly. Reading from the letter written by the Governor, Appavu said Ravi has opined that the state had no legislative competence on the issue of online gambling and against various judicial pronouncements.

“The Assembly passed the Bill on October 19, 2022 and it was sent to the Governor on October 26, 2022. However, the Governor returned the Bill after 131 days,” Stalin said, adding that the government responded in record time to the queries raised by the Governor, who was also briefed in detail by Law Minister S Regupathy on December 1, 2022.

In a veiled response to the Governor’s observation that the state lacked “legislative competence” on the matter, the Chief Minister said state governments have every right to draft laws to protect people and their welfare.

“We cannot keep aside our conscience and run the government. The bill is not from the mind, but from the heart. We don’t want to hear the sufferings of the people and if it happens again, it will amount to dilution of the meaning of law and powers of the state,” he said.

Recalling a reply by Union Minister for Broadcasting Anurag Thakur to a query raised by DMK MP S R Parthiban on March 21, 2023 in Parliament, the Chief Minister said the Union Government has acknowledged that state governments possess the power to pass legislations on the issue as it is comes under Section 34 of the 7th schedule of the Constitution.

Members from Congress and alliance partners of the DMK criticised the Governor for meeting representatives of the E-gaming federation while keeping the legislation with him.

The bill had says no online games provider shall provide online gambling service or allow playing of any online game of chance specified with money or other stakes or playing of any other online game in contravention of the regulations, in any form.

“No person shall make or cause to make any advertisement in any media including electronic means of communication, in the State, which directly or indirectly promotes or induces any person to indulge in online gambling or play any online game of chance specified in the Schedule, with money or other stakes,” the Bill read.

The AIADMK government had in 2021 imposed a ban through a law which was struck down by the Madras High Court on the grounds that the legislation was drafted without enough proof and reasons.