Delhi High Court to Centre: “If You Can’t Ensure Fresh Air, At Least Cut GST on Air Purifiers”

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New Delhi: Expressing sharp concern over the “severe” air quality levels in the national capital, the Delhi High Court on Wednesday pulled up the Central Government for its perceived inaction. The court observed that fresh air is a fundamental requirement for every citizen and suggested that if the government cannot provide it, it must at least make protective measures more affordable.

The Court’s Directive

Hearing a Public Interest Litigation (PIL) filed by advocate Kapil Madan, a Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela questioned the current 18% GST on air purifiers.

  • The PIL’s Demand: The petition seeks to reclassify air purifiers as “medical devices” under the Medical Devices Rules 2017, which would slash the GST from 18% to 5%.
  • The Court’s Remark: “This is the minimum you can do. Every citizen requires fresh air… Treat this situation as an emergency. Give an exemption for 15 days on a temporary basis.”
  • Health Impact: The bench highlighted the severity of the crisis, noting that a human breathes roughly 21,000 times a day, emphasizing the physical harm caused by toxic smog.

Current AQI Status

While Delhi’s Air Quality Index (AQI) saw a slight improvement today, moving from “severe” (415) to “very poor” (336), the city remains under Stage 4 of the Graded Response Action Plan (GRAP).



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