Kerosene Oil "A Poor Man's Fuel", Must Be Available To The Consumers At A Reasonable Price: Calcutta High Court

Calcutta: In a significant ruling, the High Court of Calcutta addressed a raging issue that affects the accessibility of Kerosene oil to poor citizens at an affordable and fair price, and the role of the Public Distribution System (PDS) in making the oil available to consumers.

The case has been filed in the representative capacity of all the ration card holders of the State of West Bengal and the members of the Priority Household under the National Food Security Act, 2015. They criticized the unreasonable rise of kerosene as compared to the stable price of petrol and the carelessness on the part of the Central Government to notify any Public Distribution System price of kerosene oil under Clause 2(d) of the Kerosene (Restriction on Use and Fixation of Ceiling Price) Order, 1993, leaving the oil companies to dictate the price based on international markets rate. It appears that the Government has entrusted its role to these Oil Companies who are arbitrarily setting the price without considering the financial capabilities of the needy.

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Petitioners submitted that the failure to regulate kerosene prices had infringed their rights under Articles 14, 19(1)(g) and 300A of the Constitution.

The Court has emphasized the importance of affordable kerosene oil for those who depend on it for basic needs such as cooking and lighting, especially in areas without electricity or gas. It has also appreciated the Central Government for promoting the principle of a welfare state by making the policy for the sale of essential commodities like kerosene oil through the Public Distribution System. However, its unstable pricing pattern defeats its commitment to social justice and the welfare of the most vulnerable in society.

Thus, while disposing of the present writ, the Court, on one hand, reminded the Central Government of its duty to make policy decisions in fixing subsidized prices for oil and on the other hand, directed the State Government to impose a minimum rate of taxes, cess, and other duties on kerosene oil to ensure affordability. The court added that the actual users of Kerosene are the “poorest of poor citizens who need it to illuminate their homes and prepare their food,”.

The court, after hearing both parties has concluded that the PDS system is for the benefit of the poorest of the poor and the Central Government cannot delegate its power to fix the pricing of Kerosene to oil companies.