LPG subsidy: Delhi HC seeks Centre's stand on PIL against mandatory biometric Aadhaar authentication

The Delhi High Court on Wednesday sought the Centre's stand on a petition challenging its decision to make biometric Aadhaar authentication (BAA) mandatory for domestic LPG consumers to book refills at the regulated retail selling price with applicable subsidy from October 1.

Court seeks Centre's response

"Everyone does not have Aadhaar in this country. They too are consuming LPG," orally remarked a bench of Chief Justice D K Upadhyaya and Justice Tejas Karia, as it asked the central government counsel to come back with instructions on Monday.

The court was hearing a public interest litigation (PIL) by Pulkit Luthra, a practising lawyer with 75 per cent permanent visual disability, who asserted that a mandatory BAA process, which included iris authentication, caused serious difficulty to him and other similarly situated persons with visual impairments.

PIL challenges Aadhaar authentication mandate

The PIL assailed the Ministry of Petroleum and Natural Gas (MoPNG)'s September 17 letter to IOCL, BPCL and HPCL, and a September 19 press release contemplating blocking of LPG refills of consumers who have not completed BAA, and in the case of consumers who are "unwilling or unable" to authenticate, restricting access to LPG at the market price in five kg or 10 kg cylinders, subject to availability.

The mandate, the PIL claimed, affects 3.16 crore consumers.

The plea contended that the mandate lacks adequate statutory backing as it travels beyond the permissible scope of the Aadhaar Act, 2016, and is arbitrary, disproportionate and violative of Articles 14 and 21 of the Constitution of India.

Petition flags concerns for vulnerable consumers

The plea stated that the framework fails to adequately address cases where a consumer is genuinely unable to complete biometric authentication for reasons beyond his or her control, such as in the case of elderly persons, persons with disabilities and persons experiencing age-related or other physical limitations.

"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 cost suffered by these 3.16 crore consumers for exercising their choice or being unable to authenticate their biometrics through Aadhaar would be that the supply of the 14.2 kg cylinder would be stopped to such consumers and they would be forced to purchase the five kg or 10 kg cylinder at the market selling price," the petition said.