The Delhi High Court on Wednesday sought the Centre's response to a petition challenging the mandatory biometric Aadhaar authentication requirement for domestic LPG consumers seeking refills at the regulated retail selling price with applicable subsidy from October 1, amid concerns that the measure could deny essential cooking gas supplies to elderly and disabled persons.
A bench comprising Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma issued notices to the central government, the Petroleum and Natural Gas Regulatory Board (PNGRB) and public sector oil marketing companies on a public interest litigation filed by practising lawyer Pulkit Luthra. The respondents have been given two weeks to submit their replies, and the matter has been listed for further hearing on November 18.
The petition challenges the Ministry of Petroleum and Natural Gas's September 17 communication to Indian Oil Corporation Limited (IOCL), Bharat Petroleum Corporation Limited (BPCL) and Hindustan Petroleum Corporation Limited (HPCL), along with a September 19 press release outlining restrictions on LPG refills for consumers who fail to complete biometric Aadhaar authentication.
๐ฃ๐ฒ๐๐ถ๐๐ถ๐ผ๐ป๐ฒ๐ฟ ๐ณ๐น๐ฎ๐ด๐ ๐ต๐ฎ๐ฟ๐ฑ๐๐ต๐ถ๐ฝ ๐ณ๐ผ๐ฟ ๐ฑ๐ถ๐๐ฎ๐ฏ๐น๐ฒ๐ฑ
Luthra, who has a 75 per cent permanent visual disability, has argued that the compulsory biometric Aadhaar authentication process, including iris-based verification, creates serious difficulties for persons with visual impairments and others unable to complete biometric procedures.
The PIL contends that the new framework does not adequately accommodate consumers who face genuine physical limitations or technical difficulties during authentication. It specifically identifies elderly persons, persons with disabilities and individuals experiencing age-related limitations as groups potentially affected by the mandate.
According to the petition, consumers who are unwilling or unable to complete biometric authentication could lose access to the standard 14.2 kg domestic LPG cylinder and be compelled to purchase smaller cylinders at market prices.
The petitioner has maintained that the requirement effectively penalises consumers who cannot undergo biometric verification for reasons beyond their control, raising concerns about equal access to an essential household commodity.
๐๐ฒ๐ป๐๐ฟ๐ฒ ๐ฐ๐ถ๐๐ฒ๐ ๐๐๐ฏ๐๐ถ๐ฑ๐ ๐บ๐ถ๐๐๐๐ฒ
Appearing for the Centre, Attorney General R Venkataramani defended the government's decision, arguing that the authentication requirement had been introduced to prevent widespread misuse of subsidies provided under LPG schemes.
He questioned the factual basis of the petition while acknowledging the need to make appropriate accommodations for persons with disabilities.
"There is no data. He just flung a petition like this. I can understand that the disabled section of the community needs certain accommodation. There was a complete abuse of the subsidy given under the schemes," Venkataramani told the court.
The Attorney General assured the bench that the concerns of persons with disabilities would be addressed.
His submissions indicated that the government considers biometric authentication necessary to identify genuine beneficiaries and prevent diversion or misuse of subsidised cooking gas.
However, the petitioner has argued that the objective of preventing subsidy leakage cannot justify restrictions that disproportionately affect consumers who are physically unable to comply with the verification requirement.
๐๐ฃ๐ ๐๐๐ฝ๐ฝ๐น๐ ๐ถ๐๐๐๐ฒ ๐ฟ๐ฎ๐ถ๐๐ฒ๐ฑ
Senior advocate Zoheb Hossain, representing the petitioner, argued that the government's decision was inconsistent with existing law and the Supreme Court's judgment concerning the use of Aadhaar.
He submitted that the requirement imposed conditions beyond those permitted under the Aadhaar Act, 2016, and urged the court to examine the legal basis for making biometric verification compulsory for domestic LPG refills.
Hossain also raised concerns about the immediate consequences of implementing the new framework, telling the bench that LPG supply under the earlier arrangement had stopped from October 1.
Emphasising the urgency of the issue, he requested the court to consider granting interim relief at the next hearing to protect consumers who are unable to complete biometric authentication.
The court did not grant interim relief on Wednesday and instead directed the respondents to file their replies before taking up the matter again.
๐ฃ๐๐ ๐ฐ๐ต๐ฎ๐น๐น๐ฒ๐ป๐ด๐ฒ๐ ๐ฟ๐ฒ๐๐๐ฟ๐ถ๐ฐ๐๐ถ๐ผ๐ป๐ ๐ผ๐ป ๐ฟ๐ฒ๐ณ๐ถ๐น๐น๐
The petition specifically challenges the provisions under which consumers who have not completed biometric Aadhaar authentication could be prevented from booking regular domestic LPG refills at the regulated selling price with applicable subsidy.
Under the contested framework, consumers who are unwilling or unable to authenticate would instead be permitted to purchase LPG in five kg or 10 kg cylinders at market prices, subject to availability.
The PIL argues that this arrangement creates an unreasonable distinction between consumers who can complete biometric verification and those who cannot.
It maintains that restricting access to the standard 14.2 kg cylinder would impose a substantial financial and practical burden on affected households, particularly those dependent on subsidised cooking fuel.
"The supply of 14.2 kg cylinder would be stopped to such consumers simply for the reason that they are unwilling or unable to undergo BAA," the petition states.
The plea further argues that affected consumers would effectively be forced to purchase smaller cylinders at market prices, even when their inability to authenticate arises from disability, age or other physical limitations.
๐ ๐ฎ๐ป๐ฑ๐ฎ๐๐ฒ ๐ฎ๐น๐น๐ฒ๐ด๐ฒ๐ฑ๐น๐ ๐ฎ๐ณ๐ณ๐ฒ๐ฐ๐๐ ๐ฏ.๐ญ๐ฒ ๐ฐ๐ฟ๐ผ๐ฟ๐ฒ
According to the petition, the biometric authentication requirement affects approximately 3.16 crore domestic LPG consumers.
The plea argues that the potential consequences extend beyond the inconvenience of completing a verification procedure because consumers who cannot authenticate may face restrictions on access to their regular cooking gas supply.
It contends that the government's decision lacks adequate statutory backing and exceeds the permissible scope of the Aadhaar Act, 2016.
The petitioner has also alleged violations of Articles 14 and 21 of the Constitution, which guarantee equality before the law and protection of life and personal liberty, respectively.
The PIL describes the mandate as arbitrary and disproportionate, arguing that the government has failed to provide sufficient safeguards for consumers who cannot complete biometric authentication despite having legitimate LPG connections.
It also questions whether the objective of preventing subsidy misuse could be achieved through alternative verification arrangements that would not deprive eligible consumers of regular LPG supplies.
๐ก๐ฒ๐ ๐ ๐ต๐ฒ๐ฎ๐ฟ๐ถ๐ป๐ด ๐ผ๐ป ๐ก๐ผ๐๐ฒ๐บ๐ฏ๐ฒ๐ฟ ๐ญ๐ด
The High Court's decision to seek responses from the Centre, PNGRB and public sector oil companies sets the stage for judicial examination of the legal validity and practical consequences of the biometric authentication requirement.
The proceedings will involve competing considerations concerning the government's authority to prevent subsidy misuse and the need to ensure that verification procedures do not unfairly exclude eligible consumers.
While the Centre has defended the measure as necessary to address subsidy abuse, the petitioner has maintained that compulsory biometric authentication without adequate alternatives could deprive vulnerable households of essential cooking fuel.
The matter will be heard next on November 18, when the court is expected to consider the responses of the authorities and the petitioner's request for interim protection.