After garnering political controversy, the Tamil Nadu Assembly passed the ‘The Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Bill’ for the second time on Thursday. 

The Dravida Munnetra Kazhagam passed (DMK) led state government had passed the bill last year and sent it to Governor RN Ravi for approval. However, the governor returned the bill after four months to the assembly questioning the state’s right to pass the bill. 

While speaking in the assembly, Stalin said that The Online Gambling Prohibition Bill was passed in the Legislative Assembly on October 19, 2022, and was sent for the Governor’s assent on October 26, 2022. 

“On November 23, 2022, the Governor sought clarification and later the clarification was given. However, after 131 days it was returned on March 6, 2023, seeking clarification. This bill will be sent to the governor again. We may have political differences, but lives are involved in online gambling. The State Government has the right to take care of people,” he said.

The Tamil Nadu state government has made two attempts to pass legislation outlawing online gambling in the region and according to that legislation, no supplier of online games can offer online gambling services, permit the gaming of any online gambling that would require the use of cash or other risks or permit the gaming of any online game that violates the rules. On October 7, Governor Ravi promulgated an ordinance to prohibit online gambling and to regulate online gaming in the state. 

“I am standing here with a heavy heart so far 41 people have died in Tamil Nadu. These deaths are happening in front of our eyes day by day and this government has the responsibility and duty to prevent this. Realising that responsibility, we formed a committee headed by retired Justice K. Chandru to ban this online game. This law is formed not only by the intellect but by the heart. We cannot govern by putting our conscience to sleep. Legislators must pass this e-gambling bill so that no more lives are lost, no more families end up in the middle of nowhere,” Stalin added.

Recently, Union minister of information and broadcasting Anurag Singh Thakur, as part of his response to a question in the Lok Sabha, implied that states have the authority to form laws relating to online gambling.

“Betting and Gambling come under Entry 34 of List-II in Seventh Schedule of Constitution of India, in respect of which States have power to legislate. Accordingly, states have enacted their laws to deal with gambling, including which are available online, within their jurisdictions,” the reply reads.

WHAT ARE THE KEY FEATURES OF THIS BILL?

It defines online gambling as wagering or betting and includes playing online games of chance for money or other stakes. Other stakes may include virtual credits, tokens, objects, or anything similar purchased in a game. Online gambling is prohibited.

The Tamil Nadu Gaming Authority shall be responsible for identifying online games of chance and recommending the state government to include them in the Schedule of prohibited games. It shall also: issue certificates to local online game providers to operate in the state, make regulations regarding the time limit, monetary limit, and age restrictions for online games, and collect and maintain information and data regarding the activities of online game providers.

Persons who play prohibited games shall be imprisoned for up to three months, or be fined up to Rs 5,000, or both. Persons who provide prohibited games shall be imprisoned for up to three years or be fined up to Rs 10 lakh, or both. 

The offences shall be compoundable. In case of violation by a non-local game provider, the Tamil Nadu Gaming Authority may recommend to the state government that it request the central government to block access to such games to persons in Tamil Nadu.