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This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/03/26/analysis-of-karnataka-high-courts-decision-to-strike-down-the-ban-on-online-gaming%ef%bf%bc/
Analysis of Karnataka High Court’s Decision to Strike Down the Ban on Online Gaming
The Hon’ble High Court of Karnataka, recently in the case of All India Gaming Federation v. State of Karnataka and Ors. [W.P No. 18703/2021] has struck down certain provisions of the Karnataka Police (Amendment) Act, 2021 (hereinafter referred to as ‘the Amendment Act’). The Amendment Act essentially prohibited as well as criminalized betting on and playing of all forms of games, including games of skill and online games for stake. The Court found the blanket prohibition on participation in any game of skill for stakes to be disproportionate, excessive, and lacking in any research or empirical basis for the proposition that the prohibition is necessary for public good. Furthermore, the Court weighed up the legislation against the constitutional rights guaranteed under Article 19, 14, and 21 of the Indian Constitution and found it to be ultra vires. Pursuant to this judgment, the exemption granted to games of mere skill under the Indian gaming jurisprudence stands restored, and games of skill may once again be offered for stakes in the state of Karnataka.
This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/03/26/analysis-of-karnataka-high-courts-decision-to-strike-down-the-ban-on-online-gaming%ef%bf%bc/
Analysis of Karnataka High Court’s Decision to Strike Down the Ban on Online Gaming
The Hon’ble High Court of Karnataka, recently in the case of All India Gaming Federation v. State of Karnataka and Ors. [W.P No. 18703/2021] has struck down certain provisions of the Karnataka Police (Amendment) Act, 2021 (hereinafter referred to as ‘the Amendment Act’). The Amendment Act essentially prohibited as well as criminalized betting on and playing of all forms of games, including games of skill and online games for stake. The Court found the blanket prohibition on participation in any game of skill for stakes to be disproportionate, excessive, and lacking in any research or empirical basis for the proposition that the prohibition is necessary for public good. Furthermore, the Court weighed up the legislation against the constitutional rights guaranteed under Article 19, 14, and 21 of the Indian Constitution and found it to be ultra vires. Pursuant to this judgment, the exemption granted to games of mere skill under the Indian gaming jurisprudence stands restored, and games of skill may once again be offered for stakes in the state of Karnataka.