Can States Restrict Online Rummy and Poker Hours? Madras HC Answers

In a significant judgement of Play Games v. State of Tamil Nadu, the Madras High Court has upheld Tamil Nadu’s regulatory framework that restricts the hours of play and mandates Aadhaar authentication for online real money games like rummy and poker.

Key Highlights of the Play Games v. State of Tamil Nadu Judgement

A division bench of Justice SM Subramaniam and Justice K Rajasekar upheld the Tamil Nadu Online Gaming Authority (Real Money Games) Regulations, 2025, which were under challenge by several online gaming platforms, including Play Games 24×7, Junglee Games, and Esport Players Welfare Association.

Blank Hours from 12 AM to 5 AM Are Valid

The Court validated the regulation prohibiting users from logging into real money gaming platforms between 12 AM and 5 AM, commonly referred to as blank hours. Dismissing the argument that such restrictions were “paternalistic”, the Court observed:

“Unlike entertainment platforms like Netflix or games like Candy Crush, real money games involve financial stakes, which makes them addictive and harmful.”

Aadhaar Verification is Constitutionally Permissible

The Court also upheld the Aadhaar-based authentication for verifying the age and identity of players. It noted that Aadhaar provides a robust and verifiable infrastructure, unlike other ID proofs.

“When weighed against public interest, right to privacy is not absolute. Aadhaar verification reduces the scope for manipulation,” the Court ruled.

Online Real Money Gaming Involves Public Health Concerns

The judgement firmly stated that public health is a State subject, and the government was well within its rights to introduce legislation in this area.

“Online real money games can lead to addiction and financial losses. In a developing country like India, with varying literacy levels, preventive regulation is necessary,” the bench held.

The Court rejected arguments that only the Central Government has the power to legislate on matters involving cyberspace. It ruled that:

“Public health is under State jurisdiction. The incidental connection to cyberspace does not invalidate the State’s competence.”

Addiction, Dopamine Rush, and Cognitive Impairment

Citing behavioural psychology, the Court explained how initial wins in online real money games trigger a dopamine rush, leading to impaired decision-making and compulsive gaming.

“The addiction begins to tamper with reasoning abilities… Players are unaware of the financial losses they are prone to.”

Right to Privacy vs Public Welfare

Balancing constitutional rights, the Court observed that while personal autonomy is important, it must be harmonised with the State’s responsibility to protect public welfare.

“Right to privacy carries its own limitations. In this case, compelling public interest outweighs the right to privacy.”

Summary of Regulations Upheld

• Players cannot log in to real money gaming platforms between 12 AM and 5 AM
• Aadhaar verification is mandatory to register or play
• Regulations are aimed at preventing addiction, financial harm, and safeguarding public health