Poker table to courtroom: Gamers challenge online gaming law
A new battle is brewing in the legal landscape of online gaming, as individual gamers are now joining forces with gaming companies to challenge the recently enacted online gaming law in court. The contention arises from the Promotion and Regulation of Online Gaming Act (PROGA) 2025, which introduces a comprehensive legal framework for online gaming in India but also prohibits online money games.
The heart of the issue lies in the clash between the government's objective to regulate and safeguard the online gaming industry and the players' assertion of their fundamental rights. While gaming firms defend their right to conduct business, gamers contend that the law unduly restricts their right to earn a livelihood and pursue a profession.
Vaibhav Arora, a professional poker player and advocate, has brought his case to the Supreme Court, arguing that the blanket ban on real money games negatively impacts his income and ability to practice his profession. Arora highlights that skill-based games like poker have long been recognized as legitimate business activities protected under the Indian Constitution. He claims that his analytical skills honed in his legal practice directly translate to his poker career, where he has consistently generated profits through disciplined strategy and risk management.
This legal challenge is not isolated. As of today, January 1, 2026, nine petitions relating to the new law are pending before the Supreme Court, including suits from gaming companies, individual gamers, and public interest litigations. The Supreme Court has indicated that the constitutional challenge to PROGA will be referred to a three-judge Bench and heard on January 21st, 2026.
The government defends PROGA as a necessary measure to address risks associated with unregulated online money-gaming, citing concerns about financial integrity, opaque algorithms, and vulnerable users. The Union government maintains that Parliament possesses full legislative authority over the sector. However, critics argue that the act's broad ban on all real-money games, including those based on skill, is excessive and violates the constitutional right to conduct legitimate business. They point out that previous court judgments have distinguished between games of skill and games of chance, with skill-based contests recognized as legitimate business activities.
The outcome of this legal battle could significantly impact India's online gaming industry, which is estimated at Rs230 billion ($2.75 billion). The Supreme Court's decision will determine whether Parliament can enact a nationwide ban on online gaming and will shape the regulatory future of the sector. Until then, the industry remains in a state of uncertainty.
Internationally, the legality of online gaming varies significantly. In the United States, for instance, online gambling laws differ from state to state, with some states fully allowing various casino games, including online casinos and poker, while others have stricter regulations or bans. Seven states currently allow legal iGaming: New Jersey, Delaware, West Virginia, Pennsylvania, Michigan, Connecticut and Rhode Island.
As the legal proceedings unfold, stakeholders are closely watching the arguments presented by both sides. The court's decision will not only determine the fate of online gaming in India but also set a precedent for the regulation of emerging digital industries.
