According to their statement, the petition also argues that states do not have the competence to pass such regulation under the constitutional scheme and skill games can only be regulated by the central government, under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the regulation proceeds based on erroneous and non-existent data and is ex-facie arbitrary.
EPWA represents a wide community of players in Tamil Nadu, including some of India’s most accomplished professional poker players and esports competitors. Among them are Vikram Kumar Lungi, winner of the 2017 Asian Poker Tour (APT) Hyperturbo Championship and 3rd place finisher in the 2017 APT Main Event, as well as PS Rathanvel, a chess prodigy who was on track to become India’s youngest Chess Grandmaster active global ranking of 737. The list of petitioners also includes Aditya Sushanth Donka — widely known as ‘Bomber’ — a World Series of Poker (WSOP) Bracelet winner, and one of India’s most successful poker professionals.
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“The regulations impose severe restrictions, including a ban on online gaming between 12:00 AM and 5:00 AM, which players argue is entirely disconnected from the realities of professional gaming. For many players, these are prime hours when they compete with the world’s best, including international players and office-goers who engage in competitive games after work hours,” says the statement.
EPWA and players have challenged restrictions on three key grounds—first, violation of the Right to Livelihood stating that professional gaming is a legitimate career for thousands, and restrictive hours severely curtailing their living.
Secondly, on the grounds of Competitive Integrity and Global Participation arguing that many competitive and international games occur during late-night hours, and restricting gameplay reduces Indian players’ access to competitive play. Thirdly, the petition also has pleaded that there are arbitrary restrictions, including that the government’s assumptions about sleeping hours (12 AM – 5 AM) fail to consider the reality of professional gaming and the working patterns of many players, the statement added.
Meanwhile, reacting to this, Vikram Kumar Lungi, APT Champion says, “Just because we are in Tamil Nadu, we are being given step-motherly treatment. The entire country plays freely, and international events happen at night. Why Should we be restricted when everyone else can compete without limitations? Gaming is my profession, and I cannot afford to have my work dictated by outdated policies.”
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VS Rathanvel — a chess prodigy who was on track to become India’s youngest Chess Grandmaster active global ranking of 737added, “I and I know what it means to compete globally. Chess requires strategy, patience, and facing 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.”
Aditya Sushanth Donka, WSOP Bracelet Winner said, “Many players in competitive games are office-goers who return home late at night and play serious poker after work. If these laws stay, India will be the only place where Playing at night is illegal—not because of any harm but because someone decided that 12-5 AM should be sleeping hours. That is not how professional gaming works.”
Even as EPWA has filed the petition, the association states that the professional gaming community is committed to ensuring these restrictive regulations do not destroy India’s growing presence in the global real money gaming industry. The legal challenge seeks to protect professional players and the thousands who rely on online gaming as a source of livelihood.
“State of India Gaming Report 2022,” a collaborative study by Lumikai and Amazon Web Services (AWS) highlights that the number of esports players in India grew fourfold from 150,000 in 2021 to 600,000 in 2022. It also projects This number will reach 1.5 million by 2027, reflecting the rapid growth of the Indian gaming industry.
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