The Ministry of Electronics and Information Technology (MeitY) of India, which aims to support the continuous development of the electronics and IT industry, has informed the Madras High Court that Aadhaar authentication cannot be made mandatory for Real Money Gaming (RMG) platforms unless it is backed by a law passed by the Parliament of India. This statement was submitted through an affidavit in response to a legal challenge against specific provisions of the Tamil Nadu Online Gaming Authority’s (TNOGA) 2025 regulations.
In its affidavit, MeitY clarified that mandatory Aadhaar-based verification is not legally enforceable without central legislation. Citing Section 4(7) of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, MeitY stated that only Parliament can mandate Aadhaar authentication for accessing any service, .
The affidavit, filed by MeitY scientist Charu Singh Munda, pointed out that while voluntary Aadhaar authentication is permitted under the Aadhaar Authentication for Good Governance Rules, 2020 (amended in 2025), this can only be done if it serves a use case in the public interest and receives proper approval.
The Tamil Nadu Online Gaming Authority had introduced new rules in 2025 requiring RMG platforms to implement Aadhaar-based One Time Password (OTP) verification at the login stage. Additionally, Regulation 4(viii) prohibits gameplay between midnight and 5 a.m.
These specific clauses — Regulation 4(iii) and 4(viii) — have been legally challenged by several gaming operators. Companies argue that the provisions are unconstitutional and overstep legal boundaries. Many are also concerned about the technical and privacy implications of mandatory Aadhaar integration.
Several real money gaming platforms have opposed the TNOGA rules, stating they lack proper legislative backing and breach user rights. Industry sources claim that the mandated use of Aadhaar contradicts the central Aadhaar law and may pose data security challenges.
Despite the resistance, TNOGA has intensified enforcement. The authority has issued legal notices to several platforms for alleged violations, particularly for failing to meet Know Your Customer (KYC) standards.
TNOGA Chairperson M D Nasimuddin confirmed that while some major operators have started complying with the state’s new regulations, others remain non-compliant. “A few of the top firms are complying with the rules now. Some are still not,” he said.
Nasimuddin added that the authority plans to formally request MeitY to block access to platforms that continue to operate outside Tamil Nadu’s legal framework.
Notices have reportedly been sent to some free-to-play game providers. However, legal experts suggest these may not fall under TNOGA’s jurisdiction. Lawyer Gowree Gokhale explained that TNOGA regulations apply only to real money games where users deposit money with the hope of winning cash or equivalent rewards. Free-to-play games, which involve no monetary stakes, may therefore lie outside the law’s scope.