By Viral Mehta

The Promotion and Regulation of Online Gaming Act, 2025 (PROGA), appears to be founded on the belief that money is the root of all evil. It imposes a nationwide ban on online games played with money. PROGA’s proponents argue that online money games are addictive, entice the youth to squander their earnings leading to financial distress, and are at times connected to illicit financial activities, posing a threat to public order. Apprehensive of these harmful effects, the Indian government enacted PROGA. While its objectives are laudable, PROGA raises three noteworthy questions of constitutional importance.

First, does an individual have a fundamental right under the Indian Constitution to play online games of skill with money? Children often play games purely for fun. However, as they grow older, games without tangible rewards lose their appeal. Adults seek more than just bragging rights; they crave the thrill of placing a monetary bet and winning a contest. This leads them to play games with money. Until now, these were permitted; but moving forward, they will no longer be allowed online. PROGA enforces an absolute prohibition on online money games, even those based on pure skill or played with trivial amounts. PROGA’s opponents contend that this sweeping ban infringes on an adult’s fundamental right of free speech and expression guaranteed by the Constitution. They point out that other financially risky activities, such as stocks and options........

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