Delhi High Court: Seeks Responses On Aadhaar LPG Authentication PIL

• The Delhi High Court has requested responses from the Central government and oil companies regarding a PIL challenging mandatory biometric Aadhaar authentication for domestic LPG refills.
• The mandate, effective October 1, requires biometric Aadhaar authentication to book LPG at regulated prices.
• Petitioner Pulkit Luthra, a 75% visually disabled advocate, argues the requirement, especially iris authentication, creates serious difficulties for persons with visual disabilities.
• Luthra contends that the alternative of purchasing market-priced 5kg or 10kg cylinders is not an adequate solution.
• The court noted that not all citizens possess Aadhaar but still consume LPG, scheduling the next hearing for October 5.

The Delhi High Court has sought detailed responses from the Central government and various oil and gas companies regarding a public interest litigation (PIL) challenging the mandatory biometric Aadhaar authentication (BAA) for domestic LPG cylinder refills.

The Delhi High Court has sought detailed responses from the Central government and various oil and gas companies regarding a public interest litigation (PIL) challenging the mandatory biometric Aadhaar authentication (BAA) for domestic LPG cylinder refills. This directive came from a Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, who are presiding over the case of Pulkit Luthra v. Union of India & Ors. The court's intervention addresses concerns raised about a new requirement that mandates BAA by October 1 for consumers wishing to book LPG refills at regulated prices.

The PIL was filed by Pulkit Luthra, a practicing advocate who identifies as 75% visually disabled. Luthra's petition specifically targets a September 17 letter issued by the Ministry of Petroleum and Natural Gas to oil marketing companies, as well as a subsequent press release dated September 19, both of which announced the compulsory biometric authentication requirement. The court has scheduled further consideration of the matter for Monday, October 5.

During initial proceedings, the bench made a notable observation, remarking that not every individual in the country possesses an Aadhaar card, yet these citizens also consume LPG. This statement underscores a potential broader concern regarding universal access to essential services under the new mandate, extending beyond the specific challenges faced by persons with disabilities.

At the heart of the challenge is the petitioner's argument that the mandatory biometric Aadhaar authentication for LPG refills poses significant difficulties, particularly for individuals with visual impairments. Pulkit Luthra, who is visually disabled, highlighted that the process, especially iris authentication which often requires blinking, creates serious obstacles for those with similar conditions. This specific aspect of the biometric Aadhaar authentication LPG mandate forms a central pillar of the legal challenge.

Luthra's petition contends that the Ministry of Petroleum and Natural Gas Aadhaar mandate, while seemingly aimed at streamlining services, inadvertently creates an exclusionary barrier. He argues that the requirement for Aadhaar for visually disabled LPG consumers is not adequately designed to accommodate their needs, thereby infringing upon their right to access essential services like domestic LPG at regulated prices. The PIL seeks to ensure that the implementation of such authentication processes is inclusive and does not disadvantage vulnerable populations.

The petitioner further points out that the proposed alternative for consumers who are either unwilling or unable to complete the biometric authentication is insufficient. According to Luthra, these individuals would only be permitted to purchase 5kg or 10kg LPG cylinders at market prices, subject to availability. He firmly argues that this option does not constitute an adequate substitute for access to regulated-price domestic LPG, especially given the potential for higher costs and limited availability of smaller cylinders.

This challenge to the LPG cylinder Aadhaar mandate highlights a critical intersection of digital identity, essential services, and disability rights. The Delhi High Court's decision to seek comprehensive responses from the government and oil companies indicates the seriousness with which these concerns are being considered. The outcome of Pulkit Luthra v. Union of India & Ors. could significantly influence how mandatory digital authentication systems are implemented across various public services, particularly in ensuring equitable access for all citizens.

Compliance officers in oil and gas companies should monitor this PIL for potential changes to the mandatory biometric Aadhaar authentication for LPG, particularly regarding accessibility for persons with disabilities, which could affect implementation and consumer policy.

Source: Original reporting via Bar & Bench