The Delhi High Court delivered a sharp rebuke to the central government on Wednesday for imposing an 18% Goods and Services Tax (GST) on air purifiers. The court emphasized that ensuring citizens have access to clean air is a fundamental obligation, especially as the national capital grapples with dangerously high pollution levels.
Court's Stern Remarks on Clean Air as a Right
While hearing a petition that seeks to classify air purifiers as "medical devices" and exempt them from GST, the bench expressed strong disapproval. The judges stated that in a city battling severe air pollution, air purifiers cannot be considered luxury items. "This is the minimum you can do. Every citizen requires fresh air. You're not able to provide. Let the purifiers be provided. That's the minimum you can do," the bench remarked, as reported by LiveLaw.
Delhi Chokes Under 'Very Poor' Air Quality
The court's hearing coincides with another severe air quality crisis in Delhi-NCR. According to data from the Central Pollution Control Board (CPCB), several areas, including ITO and India Gate, recorded air quality indices (AQI) in the 'very poor' category, with levels exceeding 350. In response to the hazardous conditions, authorities have enforced Stage-IV measures of the Graded Response Action Plan (GRAP) across the entire Delhi-NCR region.
The Core of the Legal Plea
The petition before the court argues that air purifiers are essential for health protection and should be categorized as medical devices, which often attract lower or nil GST rates. The court's questioning of the Centre underscores the growing disconnect between policy and the grim reality of living in one of the world's most polluted cities. The bench's comments highlight the view that when the state cannot guarantee breathable air, it should not tax the devices citizens are forced to rely on for survival.
The case has been adjourned for further hearing, with the Centre expected to respond to the court's pointed questions. The outcome could have significant implications for the affordability of air purifiers for millions of residents in polluted urban centers across India.
