‘Gaming is Our Livelihood’ – Pro Players & Gaming Operators Challenge Tamil Nadu’s New TNOGA Restrictions in Madras High Court

The Tamil Nadu Online Gaming Authority (TNOGA), headed by Md. Nasimuddin, IAS (Retd.), recently dropped a bombshell on the online gaming industry. A series of sweeping changes were announced for operators catering to players in the state. The new rules, officially the Tamil Nadu Regulations on Real Money Gaming, 2025 (TNOGA (RMG) Regulations, 2025), impose the controversial “blank hours” on real-money online gaming between midnight and 5 AM, mandate strict KYC requirements (including Aadhaar verification), and require prominent warnings about the risks of addiction. The writing was on the wall: this was heading to court.

And that’s exactly where it went. A coalition of plaintiffs, including the Esports Players Welfare Association (EPWA), prominent professional gamers like poker pro Vikram “Lungi” Kumar, chess prodigy PS Rathanvel, and WSOP bracelet winner Aditya Sushant, along with major real-money gaming (RMG) companies such as Play Games 24X7 (RummyCircle, My11Circle), Head Digital Works (A23), and Junglee Games (Junglee Rummy), have filed writ petitions challenging the constitutionality of the TNOGA regulations.

The petitions, filed in the Madras High Court, claim these new rules stomp on fundamental rights guaranteed by the Indian Constitution—the right to equality, the right to work in one’s chosen profession, and personal liberty.

• Experienced poker player and operator Vikram “Lungi” Kumar: “We are being given step-motherly treatment. The entire country plays freely, and international events happen at night. Why should we be restricted? Gaming is my profession, and I cannot afford to have my work dictated by outdated policies.”
  
  
  

  

• Chess prodigy PS Rathanvel (who was on track to become India’s youngest Grandmaster): “Chess requires strategy, patience, and competing against the best minds in the world. Restricting us from playing at night is like telling an athlete they can’t train during peak competition hours—it makes no sense.”

  
  

  

• WSOP bracelet winner Aditya Sushant: “Many competitive players, including office-goers, play serious poker after work. If these laws stay, India will be the only place where playing at night is illegal. That is not how professional gaming works.”
  
  
  

  

The petitioners made some powerful arguments:

• Our Jobs Are on the Line: The ban on gaming between midnight and 5 AM is a massive blow to the pro gaming community, who compete globally.
• Overstepping Boundaries: The state doesn’t have the power to regulate skill-based games; that’s the central government’s job.
• Flawed Logic: The rules are based on shaky assumptions and lack any real data to back them up.

A Division Bench of the Madras High Court (comprising Justices S.M. Subramaniam and K. Rajasekar) held a preliminary hearing on February 26, 2025, but didn’t issue any immediate interim orders. The court directed Advocate General (A-G) P.S. Raman, representing the Tamil Nadu government and TNOGA, to file detailed counter-affidavits. A final hearing is scheduled within two weeks, creating a tight timeframe for a decision with far-reaching consequences.

Detailed Arguments of the Gaming Companies

Representing online gaming giants like Play Games 24X7, Head Digital Works, and Junglee Games were legal heavyweights Mukul Rohatgi and Sajjan Poovayya. Senior counsel V. Raghavachari stepped up for the ESports Players Welfare Association, an organization that works to safeguard the rights and interests of professional gamers across India!

These companies are challenging specific parts of the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act of 2022. These sections give TNOGA the power to limit gaming time, spending, and age.

The focus is on Regulations 4(iii) and 4(viii) of the TNOGA (RMG) Regulations, 2025. These rules demand Aadhaar verification for the first login and enforce a gaming blackout from midnight to 5 AM. The companies also want a clear answer on other rules – banning minors, mandatory KYC checks, spending limits, and pop-up warnings about addiction.

The Midnight Gaming Ban: A Point of Contention

Rohatgi questioned the need for Aadhaar verification when other IDs like passports or driving licenses could do the job for KYC. He also slammed the midnight gaming ban. He made the sound point that online gaming, in particular poker, involves interacting with international players. He also pointed out the inconsistency: skill-based games like rummy and poker are allowed in clubs without time limits. Banning them online only makes no sense. He warned that online gaming businesses would be crippled if different states started setting their own random blackout hours.

Privacy and Legal Rights Under Scrutiny

Raghavachari, representing the E-Sports Players Welfare Association, brought up past Supreme Court and High Court decisions that recognized rummy and poker as games of skill. He argued that TNOGA’s restrictions were excessive and illegal.

He emphasized the Supreme Court’s ruling on privacy rights. Forcing Aadhaar OTP verification to play online games goes against those rights. He also drew a parallel to warnings on cigarette packs – they don’t stop people from smoking, and similar gaming warnings might not change player behaviour.

He added that the government can restrict public smoking but can’t stop someone from smoking at home. Similarly, TNOGA shouldn’t be dictating online gaming hours for private individuals.

The State’s Defense: Protecting Players From Addiction

A-G P.S. Raman, defending the restrictions, claimed the midnight to 5 AM blank hours were based on expert advice. He argued that addiction rates for online gaming are highest during these hours, justifying the need for limits.

After listening to both sides, the Division Bench instructed the Registry to set a date for the final hearing in two weeks. After reviewing the responses from the state and TNOGA, the court will decide whether TNOGA’s regulations are constitutional.

This decision will have huge consequences for the online gaming industry in India, determining whether these restrictions will stick or need to be changed.

It`s worth noting that the Tamil Nadu Online Gaming Authority (TNOGA) has issued a firm warning to real money gaming (RMG) operators: comply with the new regulations or face criminal charges under Section 16(3) of the Tamil Nadu Prohibition of Online Gambling & Regulation of Online Games Act, 2022.

According to reports, the E-Gaming Federation (EGF) met with TNOGA officials to discuss how these regulations would work. The meeting included TNOGA’s full-time members, Md. Nasimuddin and Dr. M.C. Sarangan, Anuraag Saxena (CEO of the E-Gaming Federation), and representatives from three major RMG companies.

A TNOGA source confirmed their position: “The RMG companies must implement the regulations.” The authority also plans to meet with more stakeholders soon.

While Anuraag Saxena stayed quiet about the meeting, a senior RMG operator shared, “TNOGA made it very clear that if we don’t comply, we’ll face legal action.” The operator added that the authority seemed determined to enforce the new rules.

Legal experts warn that these restrictions could push Indian players to unregulated offshore platforms, defeating the government’s goal of creating a safer gaming environment.

RMG Operators: Stuck Between a Rock and a Hard Place

RMG operators in Tamil Nadu haven’t fully implemented the changes, blaming technical difficulties.

Legal experts have also commented. One expert, speaking anonymously, said, “RMG operators have to comply with the regulations once they’re published. If they don’t, they’ll face criminal liability.”

The Indian Online Gaming Landscape – Explosive Growth and Regulatory Uncertainty:

The legal battle in Tamil Nadu unfolds against the backdrop of India’s rapidly expanding online gaming industry:

• Player Base: The number of esports players in India skyrocketed from 150,000 in 2021 to 600,000 in 2022, with projections reaching 1.50 Million by 2027 (Lumikai and AWS Report).
• Market Size: The Indian gaming industry is estimated to grow from $3.80 Billion in FY24 to a staggering $9.20 Billion by FY29.
• Skill Gaming Revenue: The online skill gaming industry’s revenue was approximately ₹164 Billion in FY23 and is projected to reach ₹230 Billion by FY25.

This growth has been accompanied by increasing regulatory scrutiny, with various states attempting to regulate or ban online gaming, often leading to legal challenges. Tamil Nadu has been a major part of this growth, producing some of India’s top poker and esports pros.

Tamil Nadu’s History of Trying to Ban Online Gaming

Tamil Nadu has a track record of trying to control real-money gaming, often facing legal challenges:

• 2021 Ban on Online Gaming: The Madras High Court declared this unconstitutional because it didn’t distinguish between skill-based and chance-based games.
• 2022 Prohibition of Online Gambling Act: This was passed despite previous court rulings but was challenged for overreach and conflicts with Supreme Court judgments on skill-based gaming.
• 2025 TNOGA Regulations: These are the latest rules, introducing stricter compliance measures like financial limits, arbitrary “bank hours” ban, cautionary pop-ups, and real-time player monitoring.

The state government of Tamil Nadu is consistent in its view of regulating real money gaming. The above-mentioned timeline makes it clear that the government is hell-bent on stopping a flourishing industry and using what some legal minds have called overreach and misuse of government machinery.

The Call For a National Regulatory Framework:

The Tamil Nadu Online Gaming Authority (TNOGA) is standing firm, warning gaming operators of legal consequences for not complying. However, industry experts emphasize that a national regulatory framework is the only long-term solution. Roland Landers, CEO of the All India Gaming Federation (AIGF), stresses, “A uniform, central law is needed to stop illegal offshore gambling while ensuring a transparent and fair gaming environment.”

Potential Consequences and Broader Implications

The Madras High Court’s decision will have profound implications:

• For Tamil Nadu: If the regulations are upheld, they could severely impact the state’s online gaming industry, potentially driving players to unregulated offshore platforms or to use other means, like VPNs, to access gaming platforms. If the regulations are struck down, it would be a significant victory for the gaming industry and another setback for the state government’s regulatory efforts.
• For India: The judgment could set a precedent for other states considering similar regulations. It will influence the ongoing debate about the balance between state authority, individual rights, and the economic potential of online gaming.
• For the Legal Landscape: The case will further refine the legal understanding of the distinction between games of skill and chance, the scope of state legislative power, and the limits of permissible restrictions on fundamental rights.
• For the Gaming Community: The outcome will affect the esports community’s professional prospects and the larger community of casual gamers.

The legal battle over Tamil Nadu’s online gaming regulations is a crucial test case for the future of the industry in India. It highlights the complex interplay of legal, economic, and social considerations surrounding online gaming and underscores the urgent need for a clear, consistent, and nationally applicable regulatory framework.

This is a developing story. Keep following PokerGuru for all the latest updates!