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Here’s why a former SC judge thinks banning online fantasy sports is a bad idea

While states like Tamil Nadu and Karnataka are considering bans on real money gaming, Indian courts have ruled the other way.

"The challenges which are still faced by fantasy sports is a matter of concern. It appears that even when there are authoritative pronouncements, some States or state legislatures are still thinking that no, such a game is to be prohibited," former Supreme Court judge Arjan Kumar Sikri said in remarks at the Federation of Indian Fantasy Sports' GamePlan 2021 event. Sikri is the FIFS's ombudsman. In his remarks during the event, he castigated state legislatures in India for classifying fantasy sports as gambling through a "legal fiction," and attempting to prohibit them. This comes in the aftermath of the Supreme Court refusing to even consider appeals to ban real money gaming — the courts have said that wagering real money on online fantasy sports or other such services cannot constitute gambling if they rely on players' skill. This has not dissuaded states such as Tamil Nadu, who have had prohibitions on such sites overturned in the recent past. This speech is also important in the context of the government writing to Andhra Pradesh's Chief Minister that it is exploring a uniform approach to regulating such games. 'Matter is res integra' Gambling can be prohibited, but... "Since betting and gambling are treated as the activities which are not in general public interest, restrictions can be there on [these activities], and they can be prohibited also; to that extent, state legislatures have acted too," Sikri said. "But the Supreme Court has interpreted this provision by drawing a distinction between the game of…

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