Right to trade cannot impede on right to life: Madras HC upholds Tamil Nadu's real money gaming regulations
The bench held that the right to conduct trade enshrined in Article 19(1)(g), being a vital fundamental right, cannot be used to deter the people's right to life under Article 21.
The petitions were filed by online gaming platforms including Play Games 24x7 Private Limited, Head Digital Works Private Limited, Junglee Games India Private Limited.
These companies had challenged the Tamil Nadu Online Gaming Activity (Real Money Games) Regulations, 2025. The main contentions were against the bar on under 18 minors from playing the games, mandatory know your client (KYC) registration with Aadhaar number, playing RMGs during blank hours- from 12 am to 5 am and the compulsory pop-up caution alerts for every thirty minutes after the initial one hour and setting of time bound monetary limits. They also stated the state's act and regulations were repugnant with the Information Technology Act of the Centre.
Pointing to the reports on the negative effects of the online RMGs on the physical, mental and financial aspects of a player who in essence is not playing with another human but a pre-programmed computer, the bench held that it would be only fair to ensure the right to life under Article 21 of the player is protected which also encompasses his right to health.
It negated the contention of the online gaming firms that the restrictions of blank hours and age limit are paternalistic in nature.
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