No Aadhaar link, no LPG? Delhi HC seeks Centre's reply

• Delhi High Court seeks Centre's response to PIL challenging mandatory Aadhaar authentication for LPG refills.

• Petitioner flags barriers for persons with disabilities and alleges the mandate affects 3.16 crore consumers.

• Centre defends measure as attempt to curb subsidy misuse; court schedules next hearing for 18 November.

The Delhi High Court on Wednesday, 14 October sought the Centre's response to a petition challenging the mandatory biometric Aadhaar authentication for domestic LPG consumers seeking to book refills at regulated retail prices with applicable subsidies from 1 October.

A bench of acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma issued notices to the Centre, the Petroleum and Natural Gas Regulatory Board and public sector oil companies, directing them to file their replies within two weeks. The court listed the matter for further hearing on 18 November.

The public interest litigation (PIL) was filed by practising lawyer Pulkit Luthra, who has 75 per cent permanent visual disability. He argued that the mandatory biometric authentication process, which includes iris scanning, poses serious difficulties for people with visual impairments and others who cannot complete the process because of physical limitations.

Attorney-general R. Venkataramani defended the government's decision, saying the measure was intended to prevent the misuse of subsidies. He assured the court that the concerns of persons with disabilities would be addressed.

"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. Therefore the government wanted to find out. Disabled section will be taken care of," the attorney-general said.

Senior advocate Zoheb Hossain, appearing for Luthra, contended that the government's decision was contrary to existing law and the Supreme Court's judgments on Aadhaar. He urged the court to consider interim relief at the next hearing, arguing that the supply of regular domestic LPG cylinders had been stopped for consumers who had not completed biometric authentication since 1 October.

The petition challenges a 17 September letter issued by the ministry of petroleum and natural gas to Indian Oil Corporation Ltd (IOCL), Bharat Petroleum Corporation Ltd (BPCL) and Hindustan Petroleum Corporation Ltd (HPCL), followed by a press release on 19 September.

According to the plea, the directives contemplate blocking LPG refills for consumers who have not completed biometric Aadhaar authentication. Those unwilling or unable to authenticate their biometrics would be restricted to purchasing five-kg or 10-kg cylinders at market prices, subject to availability, instead of the regular 14.2-kg domestic cylinder at the regulated price with applicable subsidy.

The petitioner claimed that the mandate affects approximately 3.16 crore consumers and lacks adequate statutory backing, going beyond what is permitted under the Aadhaar Act, 2016. The plea further argued that the decision was arbitrary and disproportionate and violated Articles 14 and 21 of the Constitution, which guarantee equality before the law and the protection of life and personal liberty, respectively.

It also highlighted the difficulties faced by elderly people, persons with disabilities and consumers with age-related or other physical limitations who may be genuinely unable to complete biometric authentication for reasons beyond their control.

"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 stated, arguing that affected consumers would be forced to purchase smaller cylinders at market prices or risk losing access to their regular domestic LPG supply.

With PTI inputs