A public interest litigation has been filed before the Delhi High Court challenging the Centre's decision to make biometric Aadhaar authentication (BAA) mandatory for booking domestic LPG refills at the regulated price from October 01.

The plea alleges that the move could affect approximately 3.16 crore consumers who have not completed the authentication process.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia sought stand of the Central Government and asked its counsel to obtain instructions in the matter.

The matter will now be heard on Monday.

Senior Advocate Parag Tripathi appeared for the petitioner, advocate Pulkit Luthra.

Luthra, who has a certified 75% permanent visual disability, challenges the Union Ministry of Petroleum and Natural Gas's September 17 letter and September 19 press release mandating BAA for domestic LPG consumers.

He has contended that the decision is arbitrary, disproportionate and violative of Articles 14 and 21 of the Constitution of India, as it could deprive consumers who are unable or unwilling to complete biometric authentication of access to regular domestic LPG cylinders at the regulated retail selling price.

According to the petition, the Ministry's letter has directed oil marketing companies to block LPG refills of consumers who had not completed authentication.

The subsequent press release dated September 19 stated that consumers unable or unwilling to complete the authentication could obtain LPG at market prices in 5 kg or 10 kg cylinders, subject to availability.

It is Luthra's case that this alternative is inadequate as it does not permit such consumers to continue purchasing the standard 14.2 kg domestic LPG cylinder at the market price.

The petition states that approximately 3.16 crore domestic LPG consumers had not completed biometric authentication as of September 14. It contends that the new requirement could disproportionately affect elderly persons, persons with disabilities and other vulnerable consumers who may face difficulties completing the authentication process.

“The Petitioner submits that no clear, uniform and readily -accessible fallback mechanism has been prescribed for consumers in cases of persistent biometric failure. The purported alternative channels do not, by themselves, constitute an alternative means of identification where the underlying requirement remains successful biometric authentication,” the plea states.

Further, Luthra has highlighted his own difficulties with the mandatory authentication process, stating that he suffers from right microphthalmia and partial optic atrophy in his left eye.

He has argued that the iris authentication process, which requires users to keep their eyes open and blink, poses substantial difficulties for persons with visual disabilities.

The petitioner has argued that the impugned directions mark a departure from the government's earlier position and introduce a restriction on access to an essential public utility without providing an effective alternative for consumers unable to authenticate their biometrics.

“The issue affects a large class of domestic LPG consumers, particularly persons with visual disabilities, elderly persons, persons with other physical disabilities, and other vulnerable consumers who may be unable to complete the prescribed authentication process or approach this Hon'ble Court individually. The Petitioner has, therefore, approached this Hon'ble Court in public interest, seeking appropriate directions to ensure reasonable accommodation and an accessible alternative mode of authentication for all eligible consumers,” the plea states.

It contends that Section 7 of the Aadhaar Act permits Aadhaar authentication in connection with subsidies, benefits or services funded from the Consolidated Fund of India. It argues that the provision does not authorise the government to make biometric authentication a mandatory condition for the supply of domestic LPG at the regulated price.

The plea further submits that the impugned directions lack statutory backing and violate the right to privacy recognised by the Supreme Court in K.S. Puttaswamy v. Union of India.

The petitioner has sought quashing of the letter and the press release to the extent that they make Biometric Aadhaar Authentication mandatory for booking domestic LPG refills at the regulated price and permit the blocking of refills for consumers who have not completed authentication.

The plea also seeks directions to the authorities to provide alternative modes of identification for consumers unable to complete biometric authentication.

In its interim application, Luthra has sought a stay on the implementation of the impugned directions and to restraint the authorities from blocking LPG connections or restricting consumers to smaller cylinders for failure to complete the authentication process.

It has also sought directions to continue supplying standard 14.2 kg domestic LPG cylinders at the regulated price to consumers unable to complete authentication due to disability, age, disease, injury or biometric failure.

The plea has been filed through Advocate Sanyam Saxena.