Legality
Gaming legislates in all states in India with the exception of Assam, Odisha, Sikkim, Andhra Pradesh and Telangana exempt “games of skill” or “games of mere skill” from the ambit of gambling. In 1967, the Supreme Court ruled that the game of rummy is a game of skill and playing rummy does not amount to gambling.
Over the past few decades, various High Courts have quoted the apex court’s decision and stated that law enforcement authorities cannot interfere with the game of rummy played with stakes. In 1996, a three-judge bench of the Supreme Court affirmed its 1967 judgment and ruled that games involving substantial and preponderant degree of skill fall within the definition of ‘games of mere skill’ and added that betting on horse-racing is a game of skill outside the ambit of gambling.
Various Supreme Court judgments have also noted that offering games of skill is a fundamental right under the Indian constitution and consequently games of skill cannot be prohibited.
Further, the gaming legislation in West Bengal specifically exempts rummy from the ambit of gambling. The government of Kerala has also issued a specific notification which states that the element of skill predominates the element of chance in the game of rummy.
Based on this legal background as well as based on the opinion of various legal experts and jurists, we believe that operating Rummy Expert Circle is completely legal.
SPARKPLAY TECHNOLOGIES PRIVATE LIMITED. complies with all laws and regulations applicable to online games of skill. Further, SPARKPLAY TECHNOLOGIES PRIVATE LIMITED. will comply with any change in this present legal position due to any order of a court of competent jurisdiction, regulatory body, central or state government or law enforcement agency.
This is however an ongoing process with litigations pending at various forums and we are keeping a close watch on the same. We ourselves also have a legal team working constantly on trying to ensure that there is more and more clarity and certainty in the laws qua gaming in India. We are also engaged in litigations to bring about this clarity in law and while the website has taken every precaution possible to remain absolutely legal, the players are advised to check their local laws if in doubt.
We permit players from all states and union territories in India except Assam, Odisha, Sikkim, Nagaland, Andhra Pradesh and Telangana. Due to the peculiar wording of gaming legislations in these states, we currently do not permit residents of these states to play real money rummy.
