The Delhi High Court has sought the Centre’s response to a PIL challenging mandatory Aadhaar biometric authentication for LPG refills at subsidised rates. The plea raises concerns for the disabled and elderly and questions the rule’s legal basis.
The Delhi High Court on Wednesday sought responses from the Centre and oil marketing companies on a PIL challenging the requirement that domestic LPG consumers complete biometric Aadhaar authentication (BAA) by October 1 to continue booking refills at the regulated retail selling price.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia directed the respondents to file their responses and said it would consider the matter on October 5. During the hearing, the bench observed, “Everybody doesn’t have Aadhaar in this country, but they too are consuming LPG.”
PIL challenges mandatory Aadhaar for LPG
The court was hearing a PIL filed by Pulkit Luthra, a practising advocate with 75 per cent visual disability, challenging the Ministry of Petroleum and Natural Gas’ September 17 communication to oil marketing companies and its September 19 press release introducing the mandatory authentication requirement.
Concerns for disabled and elderly raised
Luthra has challenged the decision to make BAA a condition for booking domestic LPG refills at the regulated price and has also questioned the proposed consequences for consumers who are unable or unwilling to complete the authentication process. The petitioner has particularly raised concerns about persons with disabilities, elderly consumers and others facing difficulties with biometric authentication. He has contended that the iris authentication process, which may require blinking of the eyes, poses particular difficulties for persons with visual disabilities.
The plea states that consumers who are “unwilling or unable” to complete BAA would be permitted to obtain LPG at the market-determined price without subsidy in 5 kg or 10 kg cylinders, subject to availability. According to the petitioner, the arrangement could deprive such consumers of access to the regular 14.2 kg domestic LPG cylinder in addition to denying them the regulated price.
Legal basis of Aadhaar rule questioned
The petitioner has also questioned the statutory basis for making Aadhaar authentication a condition for continued access to LPG at the regulated price. The plea contends that Section 7 of the Aadhaar Act, 2016 does not authorise the government to impose biometric authentication as a condition for the underlying supply of domestic LPG and argues that such a requirement cannot be imposed merely through executive directions
Relying on the Supreme Court’s judgment in KS Puttaswamy, the petitioner has argued that compulsory Aadhaar authentication, being an intrusion into the fundamental right to privacy, must have the backing of law. “Consequently, compulsory Aadhaar authentication, being an intrusion upon the fundamental right to privacy, must be authorised by law,” the plea states, adding that the impugned directions allegedly fall outside Section 7 of the Aadhaar Act and lack any other enabling statutory provision.
The petitioner has further alleged that the framework is arbitrary and disproportionate and violates Articles 14 and 21 of the Constitution, as well as the Rights of Persons with Disabilities Act, 2016.
The plea also refers to earlier communications of the Petroleum Ministry which, according to the petitioner, had stated that LPG supply would not be stopped merely because a consumer had not completed biometric authentication. The petition says the latest directions represent a change from that earlier position.
Relief sought in PIL
The PIL seeks quashing of the September 17 letter and September 19 press release to the extent they make BAA mandatory for booking LPG at the regulated price, provide for blocking of refills for non-authenticated consumers and restrict those unable or unwilling to authenticate to smaller cylinders at market prices. It also seeks an alternative mode of identification for consumers unable to complete biometric authentication. (ANI)
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