The Delhi High Court has sought responses from the Centre and oil marketing companies on a public interest litigation challenging the requirement of biometric Aadhaar authentication for domestic LPG consumers seeking refills at the regulated retail price.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia directed the respondents to place their stand on record and fixed the matter for further consideration on October 5. During the hearing, the Bench also observed that not every person in the country possesses an Aadhaar card, while such persons continue to use domestic LPG.
The PIL has been instituted by advocate Pulkit Luthra, who has a 75 per cent visual disability. He has challenged the September 17 communication issued by the Ministry of Petroleum and Natural Gas to oil marketing companies, followed by a September 19 press release announcing the mandatory biometric authentication requirement.
Under the new framework, domestic LPG consumers are required to complete biometric Aadhaar authentication from October 1 to book refills at the regulated retail selling price with applicable subsidy. The Union Government has stated that the measure is intended to ensure that subsidised LPG reaches genuine beneficiaries and to prevent diversion and duplicate or ineligible connections.
The petitioner, however, has contended that the requirement creates significant difficulties for persons with disabilities, elderly consumers and others who may be unable to complete biometric authentication. Particular emphasis has been placed on iris-based authentication, which, according to the plea, can pose difficulties for persons with visual impairments.
The petition also takes exception to the consequences prescribed for consumers who are unable or unwilling to undergo authentication. According to the plea, such consumers may be permitted to purchase LPG at market-determined prices through smaller 5 kg or 10 kg cylinders, subject to availability. The petitioner has argued that this does not constitute an adequate alternative, as it may effectively deprive eligible consumers of access to the regular 14.2 kg domestic cylinder at the regulated price.
A central plank of the challenge is the alleged absence of statutory authority for making biometric authentication a compulsory condition for accessing domestic LPG at the regulated price. The petitioner has argued that Section 7 of the Aadhaar Act, 2016, does not authorise the government to impose such a requirement through executive directions.
The plea further relies upon the Supreme Court’s ruling in K.S. Puttaswamy v. Union of India to contend that an intrusion into the fundamental right to privacy must have a valid legal basis. It consequently alleges that the impugned directions are arbitrary and disproportionate and infringe the guarantees under Articles 14 and 21 of the Constitution.
The petitioner has additionally invoked the Rights of Persons with Disabilities Act, 2016, contending that the authentication regime fails to adequately accommodate consumers who face difficulties with biometric verification.
The PIL seeks quashing of the September 17 communication and September 19 press release to the extent that they make biometric Aadhaar authentication a prerequisite for booking domestic LPG refills at the regulated price or permit restrictions against consumers who have not completed the process.
It also seeks directions for an accessible and effective alternative mode of identification for consumers who are unable to complete biometric authentication because of disability, age, medical conditions or persistent biometric failure.
The Court will consider the matter further on October 5, after receiving the response of the Centre and the concerned oil marketing companies.
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