Litigant in Supreme Court claims ‘silent compulsion’ in E20 petrol roll out

A petition has been filed in the Supreme Court claiming an element of “silent compulsion” in the E20 petrol roll out, while seeking full disclosure on chemical composition and safeguards that may be in place in the case of legacy vehicles.

The petition, filed by Supreme Court advocate and petitioner-in-person Narendra Kumar Goswami, besides invoking the fundamental freedoms of equal treatment by the law, and the right to earn a livelihood and lead a dignified life, raised Article 300A (right to property) and the Consumer Protection Act of 2019 to contend that the right to know the composition, quality, standard, and compatibility consequences of a product was not a “decorative consumer slogan but a constitutional requirement when the state itself creates a nationwide compulsory market”.

Mr. Goswami said ethanol was not an inert additive. “Ethanol is hygroscopic, may affect certain fuel-system materials, has lower energy density than petrol, and may have implications for fuel efficiency, engine performance, maintenance, warranty and long-term vehicle health,” the petitioner contended.

The Bureau of Indian Standards (BIS) had issued a separate E20 specification and the Ministry of Road Transport and Highways had created a staggered compatibility schedule, showing that E20 compatibility was “not universal but vehicle-specific”, the lawyer said.

“The petition does not seek to roll back India’s ethanol-blending policy. It expressly accepts that energy security, reduction of crude oil imports, environmental objectives and support to farmers are legitimate policy goals. The contention in the petition is that a welfare policy cannot be implemented by keeping citizens in the dark about what they are buying, whether their vehicles can safely use it, and whether they have any meaningful alternative,” Mr. Goswami said.

The petition has sought the constitution of an independent expert committee comprising representatives from the Petroleum Ministry, the Transport Ministry, BIS, and experts from recognised consumer bodies, independent automobile engineers, fuel technologists, environmental experts, public health experts, and water resource experts to examine “real-world E20 compatibility”.