Can India’s real money gaming ban withstand constitutional scrutiny?

Parliament last month enacted the Promotion and Regulation of Online Gaming Bill, 2025, establishing a comprehensive legal framework for India’s rapidly expanding online gaming sector. The legislation, which received the President’s assent on August 22, seeks to regulate segments such as e-sports and social gaming, while simultaneously imposing a blanket prohibition on all money-based online games. The stated rationale for this prohibition is the “serious social, financial, psychological and public health harms, particularly among young individuals and economically disadvantaged groups,” associated with real-money gaming. Even before the law has taken effect, several petitions have been filed in the Karnataka High Court challenging its validity. The Court has issued notice to the Union government on an interim plea seeking a stay on the Act’s application to online games of skill. Can the new legislation withstand constitutional scrutiny? What are its broader implications? Does it run contrary to established judicial precedents that distinguish between games of skill and games of chance? Note: This episode was recorded before petitions challenging the law were filed in the Karnataka HC. Guest: Deepak Joshi, Advocate-On-Record at the Supreme Court of India Host: Aaratrika Bhaumik Shot, produced, and edited by Jude Francis Weston Learn more about your ad choices. Visit megaphone.fm/adchoices