Tamil Nadu regulations on real money gaming has led to a wave of dissent in the state. The Esports Players Welfare Association (EPWA), along with a group of professional gamers from Tamil Nadu, has now challenged the recently introduced regulations in the Tamil Nadu High Court.
The petition contends that the regulations violate the fundamental rights of online gamers under Articles 14, 19, and 21 of the Indian Constitution, significantly affecting the professional gaming community. It further argues that states lack the constitutional competence to enact such regulations, as skill-based games fall under the purview of the central government and should be governed by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Additionally, the petition asserts that the regulation is based on flawed and non-existent data, making it ex-facie arbitrary.
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What Are The Key Points For Challenging This Regulation?
The imposed regulations, particularly the ban on online gaming between 12:00 AM and 5:00 AM, have sparked significant opposition from players who argue that these restrictions fail to account for the dynamics of professional gaming. For many, late-night hours are crucial, as they coincide with international tournaments and provide opportunities to compete against top global players. Additionally, office-goers who engage in competitive gaming after work are disproportionately affected, limiting their ability to participate in the gaming ecosystem.
The Esports Players Welfare Association (EPWA) and professional gamers have contested these restrictions on three primary grounds. First, they argue that limiting gameplay during these hours directly infringes on their right to livelihood, as professional gaming has become a viable career for thousands. Second, the restrictions undermine competitive integrity by reducing access to international tournaments and disrupting the participation of Indian players on the global stage.
Lastly, the regulations are seen as arbitrary, as the government’s assumption that 12:00 AM to 5:00 AM should be designated for sleep disregards the reality of professional gaming schedules and the diverse working patterns of players.
Impact On Indian Gaming Community
This is important to the gaming community in India which has been growing rapidly. According to the ‘State of India Gaming Report 2022’, a collaborative study by Lumikai and Amazon Web Services (AWS), the number of esports players in India grew fourfold from 150,000 in 2021 to 600,000 in 2022.
As per the report, it is projected that this number will reach 1.5 million by 2027.
