Madras HC backs Aadhaar checks for gaming age

The Madras High Court on Tuesday declined to dilute the norm of age verification through Aadhar for playing online real money games and upheld restrictions including the ban from midnight to 5 AM to play such games.

A division bench comprising Justices SM Subramaniam and K Rajasekar dismissed a batch of petitions filed by Head Digital Works Private Limited, New Delhi and five other online gaming companies.

The petitioners' prayer was to declare as unconstitutional the Tamil Nadu Online Gaming Authority (Real Money Games), Regulations 2025 enacted by the Tamil Nadu Online Gaming Authority.

They challenged the regulation of KYC verification for the initial login with Aadhar and also the imposition of a 'blank hour' from 12 midnight to 5 AM, a period of ban to play online real money games.

The bench said: "The Writ Petitioners have not made out a case to grant the relief of declaration as such sought for in the writ proceedings". The court was of the view that any online games or online entertainment was subject to regulation when it affects the public health of people at large.

The state cannot remain a mute spectator when the population at large was exposed to serious physical, mental and financial risks due to a constant exposure to a specific online entertainment/games/trade.

In circumstances where a total prohibition was not possible at least a minimum of regulation becomes a necessity, the bench added.

Article 19(1)(g), on the right to practice any profession/occupation, is subject to reasonable restrictions and the rights of the people must be balanced with the individual right to conduct trade.

This Article cannot be used to deter the people’s right to life under Article 21. The court ought to take into consideration the rights of the people as well, who were the players engaged in playing the online real money games.

Their rights were also enshrined under the Constitution, and they deserve protection from the state.

There have been several reports on the negative effects on the physical, mental, and financial aspects of a player --of online real money games-- who in essence was not playing with another human but a pre-programmed computer. Hence, it would be only fair to ensure the right to life under Article 21 of the player was protected.