Delhi HC seeks Centre, oil companies’ response to plea against mandatory Aadhaar authentication for LPG refills
Delhi High Court seeks responses from the Centre and oil companies regarding a plea against mandatory Aadhaar authentication for LPG refills.
FOCUS: Aadhaar authentication for LPG refills
Delhi HC seeks Centre, oil companies’ response to plea against mandatory Aadhaar authentication for LPG refills
The Delhi High Court has intervened in a legal challenge regarding the mandatory use of biometric Aadhaar authentication for domestic LPG refills. On Wednesday, a Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia sought formal responses from the Central Government and oil marketing companies regarding a Public Interest Litigation (PIL) filed against the new requirement.
The court is scheduled to consider the matter on October 5. During the proceedings, the bench noted the potential impact on those without Aadhaar, stating, “Everybody doesn’t have Aadhaar in this country, but they too are consuming LPG.”
The Challenge Against Mandatory Authentication
The PIL was filed by Pulkit Luthra, a practicing advocate with a 75 per cent visual disability. The petition challenges a recent directive from the Ministry of Petroleum and Natural Gas, issued on September 17, which mandates biometric Aadhaar authentication (BAA) for consumers to continue booking LPG refills at the regulated retail selling price.
The petitioner has raised significant concerns regarding the practicalities of this mandate, specifically focusing on vulnerable groups including:
- Persons with disabilities: The plea highlights that iris authentication, which may require blinking, poses extreme difficulties for those with visual impairments.
- Elderly consumers: Concerns were raised about the ability of senior citizens to navigate biometric processes.
- Unwilling or unable consumers: The petition questions the consequences for those who cannot complete the authentication.
Impact on LPG Access and Pricing
Under the proposed guidelines, consumers unable or unwilling to complete the biometric authentication may be restricted to purchasing 5 kg or 10 kg cylinders at market-determined prices without subsidies. The petitioner argues that this arrangement could effectively deprive consumers of access to the standard 14.2 kg domestic LPG cylinder and the benefit of regulated pricing.
The legal challenge argues that the government lacks the statutory authority to impose such conditions through executive directions. The petitioner contends that Section 7 of the Aadhaar Act, 2016, does not authorize making biometric authentication a prerequisite for the supply of domestic LPG.
Constitutional and Rights-Based Arguments
Citing the Supreme Court’s landmark KS Puttaswamy judgment, the petitioner argued that compulsory Aadhaar authentication constitutes an intrusion into the fundamental right to privacy and must be backed by specific legislation. The plea asserts that the current framework is arbitrary and disproportionate, violating Articles 14 and 21 of the Constitution, as well as the Rights of Persons with Disabilities Act, 2016.
Furthermore, the petition points out a shift in government policy. Previous communications from the Petroleum Ministry had suggested that LPG supply would not be interrupted due to a lack of biometric authentication, a position that the latest directives appear to contradict.
The PIL seeks the following reliefs:
- The quashing of the September 17 letter and September 19 press release regarding mandatory BAA for regulated LPG refills.
- An end to the practice of blocking refills for non-authenticated consumers.
- The provision of alternative identification methods for those unable to complete biometric authentication.