The Delhi High Court on Wednesday expressed its strong displeasure over the Union government’s failure to effectively address the recurring air pollution crisis in the national capital, indicating that at the very least, fiscal relief should be extended to citizens compelled to rely on air purifiers for basic respiratory safety.
The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela made these observations while hearing a public interest petition filed by Advocate Kapil Madan, which sought directions to classify air purifiers as medical devices and reduce the Goods and Services Tax (GST) imposed on them from 18 per cent to 5 per cent.
The Bench expressed concern that despite repeated judicial interventions and policy assurances, authorities had failed to ensure breathable air, thereby forcing residents to incur significant personal expenditure to mitigate health risks arising from hazardous ambient air quality.
If the State was unable to secure clean air as part of its constitutional obligations, it was incumbent upon it to consider immediate fiscal measures to reduce the burden on citizens, noted the Bench.
It directed the counsel appearing for the Union government to obtain instructions on whether a temporary GST exemption or reduction could be granted on air purifiers, particularly during periods of severe pollution.
The Bench required the Centre to report back the same day and indicated that the matter could be kept pending during court vacations solely for the purpose of monitoring compliance.
The petition invoked Articles 14 and 21 of the Constitution, contending that the continued levy of GST at the highest slab on air purifiers was arbitrary, unreasonable and disproportionate, particularly in the backdrop of an acknowledged public health emergency. It was argued that access to safe air formed an intrinsic component of the right to life and health, as consistently recognised by the Supreme Court in decisions such as Subhash Kumar v. State of Bihar, M.C. Mehta v. Union of India, and Vellore Citizens’ Welfare Forum v. Union of India.
The petitioner contended that air purifiers could no longer be categorised as luxury or lifestyle products, given the persistent “severe” and “hazardous” air quality levels recorded in Delhi and the National Capital Region. It was asserted that the imposition of an 18 per cent GST rendered such devices unaffordable for a substantial segment of the population, thereby exacerbating health inequities and disproportionately impacting vulnerable groups, including children, senior citizens and persons with respiratory ailments.
Reliance was placed on a 2020 notification issued by the Central Government governing the classification of medical devices. According to the petition, air purifiers fulfilled the statutory criteria of medical devices by performing a preventive and physiological support function, namely enabling safe respiration and reducing exposure to life-threatening particulate matter.
The plea further contended that the differential tax treatment between air purifiers and other medical or life-support devices taxed at a lower rate failed to satisfy the constitutional test of reasonable classification. It was argued that such fiscal discrimination lacked any intelligible differentia and bore no rational nexus to legitimate public health objectives, thereby warranting judicial scrutiny.
The Court, while refraining from issuing immediate directions, appeared prima facie persuaded that the issue raised broader questions concerning the State’s public health obligations and fiscal policy during environmental emergencies. It emphasised that the matter required urgent consideration by the executive, particularly in light of the recurring nature of the air quality crisis and its demonstrable impact on fundamental rights.
The petition had been filed through Advocates Gurmukh Singh Arora and Rahul Matharu. The matter was kept pending for further instructions from the Central government.
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