Madras High Court upholds Tamil Nadu’s night-time ban on online real money games and Aadhaar-based age verification, citing public health and safety concerns.
Saloni Kumari | Jun 5, 2025 |
No online real money games in Night, mandatory KYC regulations to stay: HC
On June 3, 2025, the Madras High Court upheld the ban imposed by the Tamil Nadu Online Gaming Authority (TNOGA) that prohibits playing Real Money Games (RMG) between the time period of midnight and 5 a.m. The Madras High Court also said not to interfere with the law that requires Aadhaar verification to play these kinds of games.
A Division Bench including Justices S.M. Subramaniam and K. Rajasekar rejected several writ petitions filed by online gaming firms and others. These petitions had raised objections against Sections 5(2) and 14(1)(c) of the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022, claiming that they are against the constitution.
The petitioners raised objections to these provisions as they permit TNOGA to set restrictions regarding when, how much, and who is allowed to play Real Money Games (RMG). They also asked the court to strike down parts of the TNOGA (RMG) Regulations, 2025.
But, the Madras High Court denied all requests and ruled that the Tamil Nadu government (state legislature) had the legal authority to form laws regulating online games, citing public health and trade powers offered to states under the Constitution’s State List.
The judges wrote, “It is a well-known fact that so far as online real money games such as rummy and poker, it has (sic) created public health risks in the State of Tamil Nadu. This is elaborated in the expert committee reports, whereby these games have posed serious mental and physical health risks to the citizens in the State.”
They agreed to the point of Advocate General (AG) P.S. Raman and TNOGA counsel B. Arvind Srevatsa that there was no dispute between State and Central laws regarding this case. The reason behind this is that, the state government did not make any rule/law using the listed topics in list III, i.e., the Concurrent list, that permitted both the Centre and the State government to form laws on their subjects.
The court also noted the Advocate General’s statement that the night-time ban on real money games was based on research. The research showed that during night hours, people have less self-control and their brain releases more dopamine, a chemical linked to the desire for rewards, making them more likely to get addicted to such games.
Additional Public Prosecutor E. Raj Thilak, speaking for the Director General of Police, told the court that between 2019 and 2024, 47 people in Tamil Nadu died by suicide because of addiction to online games. This was enough reason for the State to control real money gaming (RMG).
The judges said, “This court concurs with the reasons adduced by the State Government for regulating online RMGs. The adverse effects are much larger on the people than the need for securing the individual right to free trade. Regulation becomes a priority to ensure the safety and protection of the general public.”
The court did not agree with online gaming companies who said there was no real difference between playing skill-based games like rummy and poker in person or online.
Justice Subramaniam, who wrote the judgment, said that when people play in person, they can understand each other’s moves by watching hand gestures, body language, and facial expressions. But in online games, players lose this important advantage.
The Bench said, in the online mode, “The players may not even know against whom the game is played… So it is imperative that the government take adequate steps to streamline and regulate these unexplored waters to ensure fair play and secure the physical and financial safety of the players indulging in these online RMGs.”
The court said there was no reason to relax the Aadhaar rule because it assists in confirming a player’s age using two-step verification, making sure they are at least 18 years old. It also said Aadhaar is harder to cheat compared to other ID methods.
In case of any Doubt regarding Membership you can mail us at [email protected]
Join Studycafe's WhatsApp Group or Telegram Channel for Latest Updates on Government Job, Sarkari Naukri, Private Jobs, Income Tax, GST, Companies Act, Judgements and CA, CS, ICWA, and MUCH MORE!"
