Delhi High Court Urges Government to Reduce GST on Air Purifiers Amid Pollution Crisis

Court's Strong Stance on Air Quality

New Delhi: On Wednesday, the Delhi High Court expressed its dissatisfaction with the Union government's handling of the escalating air pollution issue in the capital. The court suggested that if the government cannot guarantee clean air for its citizens, it should at least consider lowering the Goods and Services Tax (GST) on air purifiers.

During a hearing of a public interest litigation (PIL) that aimed to classify air purifiers as medical devices, the Bench, led by Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, urged the Centre to promptly explore the possibility of a temporary GST exemption.

The court remarked, "This is the least you can do. Every individual deserves access to clean air. If you can't provide it, at least lower the GST. Consider a temporary exemption for 15 days and treat this as an emergency situation."

The judges further inquired why the government had not utilized its emergency powers to offer immediate relief.

They questioned, "Why can't this be presented to the GST Council right away? When is the next GST Council meeting? Is this proposal on the agenda?"

The PIL, filed by advocate Kapil Madan, requested that air purifiers be recognized as medical devices and that the GST on them be reduced from 18% to 5%.

The petition argued that air purifiers have become essential during high pollution periods, and the current tax rate makes them unaffordable for many.

According to the PIL, air purifiers with High-Efficiency Particulate Air (HEPA) filters serve a crucial medical function by minimizing exposure to harmful pollutants like PM2.5 and PM10, which can worsen respiratory and cardiovascular conditions.

The plea, submitted by advocates Gurmukh Singh Arora and Rahul Matharu, contended that imposing an 18% GST on these devices, despite public health warnings about their necessity during pollution crises, infringes upon the right to life as guaranteed by Article 21 of the Constitution.

The case has been postponed for further discussion at 2:30 p.m. to allow the Centre to gather instructions and present its position.