Delhi HC Examines PIL Seeking Medical Device Status, Lower GST on Air Purifiers
New Delhi: The Delhi High Court is examining a Public Interest Litigation (PIL) that challenges the imposition of 18 per cent Goods and Services Tax (GST) on air purifiers, with the petitioner asserting that such devices should be recognised as medical devices instead of being treated as luxury consumer products, particularly in the backdrop of worsening air pollution levels in Delhi and the National Capital Region.
The petition argues that clean air is an essential component of the right to life guaranteed under Article 21 of the Constitution, and that air purifiers have become indispensable for safeguarding respiratory health in areas repeatedly exposed to hazardous air quality. It seeks directions to the Union government and other authorities to reclassify air purifiers under the medical devices category, which would bring them under a lower GST slab of 5 per cent.
The plea points out that the definition of medical devices was expanded by the Centre through a notification issued in February 2020 under the Drugs and Cosmetics Act, 1940. It contends that air purifiers perform a preventive healthcare role by reducing exposure to harmful pollutants and particulate matter, and therefore deserve the same tax treatment as other health-related devices. The petition highlights rising incidences of respiratory disorders, cardiovascular ailments, and long-term health complications linked to air pollution, especially among children, senior citizens, and vulnerable populations.
During the proceedings, the Delhi High Court indicated that the matter could be placed before the GST Council for consideration and asked whether a meeting could be convened to deliberate on revising or rationalising the tax rate on air purifiers. The court also noted that, given the urgency of the issue, such deliberations could take place through a virtual meeting if necessary.
According to a recent media report in The Indian Express, the Central Government opposed the PIL, maintaining that decisions relating to GST classification and tax rates fall squarely within the policy-making domain of the executive and legislature, and cautioned against judicial intervention on grounds of separation of powers.
The High Court has sought a response from the Centre on the feasibility of placing the issue before the GST Council and has scheduled the matter for further hearing, keeping the broader public health implications under judicial consideration.
