The Delhi High Court on Monday challenged the Central government on imposing 18 per cent Goods and Services Tax (GST) on air purifiers, citing that the citizens are being compelled to purchase such machines because the State has failed to deliver clean air. The incisive comments were in a hearing pertaining to increasing air pollution in the national capital.
Concern over the Health Burden
A judge of the Delhi High Court has commented that air purifiers have become more of a need than a luxury in such cities as Delhi, where the quality of the air falls into the category of severe on a daily basis. The court challenged the justification for taxing a product that most of the residents are forced to buy to safeguard their health.
The bench pointed to the inconsistency between the role in protecting people by ensuring they can breathe safely, and the fiscal approach by taxing people to do so when you are unable to supply clean air.
Air Cleaners, No Longer a Luxury, Court Notices
The court has pointed out that air purifiers are not lifestyle products anymore but necessary health devices, especially among children, the elderly, and those with respiratory illnesses. Delhi is notorious in terms of recording high hazardous Air Quality Index (AQI) levels, and people have no other option but to use indoor air filtration systems.
Judges indicated that in cases where a system fails to provide environmental conditions, people should not be charged economically because they had taken preventative health precautions.
Centre Requested to State GST Classification
The High Court asked the Centre to explain why air purifiers remain taxed at 18 per cent under the GST regime, rather than being taxed at a lower rate or being tax-free. The bench questioned whether the government had reviewed the idea of reclassifying air purifiers as a necessary health apparatus.
The court further stated that the problem has broader societal policy implications, particularly the recurrent pollution crisis in Delhi and the National Capital Region (NCR).
Pollution Crisis Just as Background of Hearing
The comments are made in the wake of a new surge in Delhi’s pollution, with smog thick enough that school shutdowns and work-from-home orders have already been issued. The court has been keenly following the activities of pollution reduction. It has already made stern orders to the government to ensure that there is a tighter implementation of anti-pollution rules.
Judges were worried that the residents continue to be coerced into self-insuring against toxic air by having to buy air purifiers, masks and medical treatment despite the action plan being repeated.
Waiting Response of Government
The counsel for the Centre advised the court that the issue would require consultation with the GST Council, wherein tax rates are determined collectively by the Centre and the states. The High Court has sought an elaborate reply on whether there is any proposal to cut or rationalise GST on air purifiers with respect to public health.
This issue will be reconsidered once the Centre has responded. According to the legal professionals, the case might establish a valuable precedent, tying the policy of taxation to the regulation of the environment directly to the right to health.
Greater Right to Clean Air Debate
Its observations by the court have sparked off another debate on whether clean air is in reality, a fundamental right or not. According to the argument raised by public health advocates, it merely shifts the burden of pollution to ordinary citizens by taxing protective devices.
With Delhi still struggling with toxic air every year, the action of the High Court highlights an increasing impatience among the judiciary with the idea of stepping in bit by bit, and a greater emphasis on holding people to account.
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