Delhi HC asks Centre why GST on air purifiers can’t be lowered
New Delhi (PTI): The Delhi High Court on Friday asked the Centre why it cannot reduce the GST charged on air purifiers to make it affordable for the common man in view of the worsening air quality in the national capital and nearby areas.
The court’s query came after the counsel for the Centre submitted that the GST Council is a constitutional body and it is no longer a unilateral levy of Delhi. It is a federal levy in all over India so all 30 states and union territories have to agree and involves union finance minister as its member.
Additional Solicitor General N Venkataraman, representing the Centre, said voting has to be done physically and it cannot be done through video conferencing and added that the government will file an extremely detailed counter affidavit in the matter.
A vacation bench of Justices Vikas Mahajan and Vinod Kumar granted 10 days' time to the central government to file its reply to the petition and listed the matter for further hearing on January 9.
“But the court's concern was that, having regard to the situation in Delhi and surrounding areas, why the goods and services tax (GST) should not be reduced from 18 percent to 5 percent.
“Whatever way you want to do you, may do that and find a way out. The price range is starting from Rs 10-12,000 and goes up to Rs 60,000, it is beyond the reach of common man. Why not bring it down to a reasonable level which is in the reach of a common man,” the bench said.
The court was hearing a public interest litigation (PIL) seeking directions to the central government to classify air purifiers as "medical devices" and reduce the goods and services tax (GST) to the five per cent slab. Air purifiers are currently taxed at 18 per cent.
The petition by advocate Kapil Madan said purifiers cannot be treated as luxury items in view of the "extreme emergency crisis" caused by severe air pollution in Delhi.
During the hearing, the bench told the petitioner that in the last hearing also, the court was with him because the issue raised is such that “everybody is concerned”.
Agreeing to this, the ASG said, “certainly milords our hearts are there, no doubt”.
He said this matter was deliberated at the highest level involving the finance minister and they had an urgent meeting on Thursday but have some concerns with this writ petition.
The law officer said if the petitioner wants this petition to be treated as a representation by the GST Council through the secretariat, the court may pass an order today itself.
If the petitioner wants to contest the petition, we want to file an extremely detailed counter affidavit. It’s a loaded petition and we really want to know who is behind it, he added.
“Two prayers have nothing to do with GST. Health Ministry is not a party to the petition and a prayer is sought regarding it….
“Somebody wants a monopoly in air purifiers, we don't know. We are really concerned about it. Only on December 12, 2025, the parliamentary standing committee passed the proposal to look into the matter of GST but MoEF is not a party. Standing committee is a constitutional arm under the legislature and there is a process involved and how can the process be scuttled,” the ASG submitted.
He urged the court to grant some time to file a counter affidavit as they were not able to react in two days’ time.
Petitioner Madan said "Maybe the counsel appearing for the Centre has not seen the notification by which slabs have been imposed… I will say that on bare reading of notification, I will convince the court that they are taxing air purifiers in the wrong slab”.
To this, the bench said today the court cannot say that they are taxing it under a wrong slab without calling for a counter affidavit. It said the issue requires deliberations and let it go before the roster bench.
Madan read the notification concerned and said, "I have shown an entry which talks about breathing devices. All medical devices are falling in schedule 1".
The court asked the ASG as to what is the difficulty in conducting the meeting of the GST Council and then they can take a call.
The ASG said, “This will open up a pandora box. The committee has recommended something to us. That’s the process. We are not saying anything at the moment, whether we will reduce or not. I am not giving any commitment…. We are scared from the constitutional perceptive. Let this be converted into representation and sent to the Council."
On December 24, the court had directed the GST Council to meet at the earliest and consider lowering or abolishing GST on air purifiers.
The matter was listed today to inform the court as to when the Council can meet and whether it was possible for the Council to meet virtually, if not physically.
Earlier, the high court had expressed displeasure over the authorities doing nothing to grant exemption from taxes on air purifiers in this "emergency situation" when the air quality index (AQI) is 'very poor'.
The court had noted the petitioner's contention that air purifiers qualify as medical devices in terms of the notification of February 2020 which has been issued under the Drugs and Cosmetics Act.
The petitioner further said that on medical devices, GST was being charged at five percent whereas it was 18 percent for air purifiers. He sought a direction to the authorities to consider charging five percent on air purifiers as well considering the ever worsening air condition in Delhi and nearby areas.
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Air pollution India's biggest health crisis since Covid, warn doctors
New Delhi (PTI): Air pollution is arguably the biggest public health crisis India has faced since the pandemic and will continue to worsen each year unless urgent action is taken, a UK-based Indian-origin pulmonologist warned, noting that a looming tsunami of airway disease remains largely underdiagnosed and untreated.
Speaking to PTI, multiple senior doctors practising in the UK asserted that a vast, hidden burden of undiagnosed airway disease is "building beneath the surface" and its incoming wave will exact a heavy, lasting toll on Indian citizens and its healthcare system.
They linked the global rise in cardiovascular diseases over the past decade to increasing exposure to toxic emissions from urban transport, including automobiles and aircraft, particularly in cities across India, the UK and beyond, rather than obesity alone.
Union transport minister Nitin Gadkari on Tuesday admitted that nearly 40 per cent of the pollution in Delhi is caused by the transport sector due to dependence on fossil fuels, while emphasising the urgent need for cleaner alternatives, and pushing for the adoption of biofuels.
During the recently concluded winter session of Parliament, the government said that there is no conclusive data establishing a direct correlation between higher Air Quality Index (AQI) levels and lung diseases, despite acknowledging that air pollution is one of the triggering factors for respiratory ailments and associated diseases.
"The Indian government's renewed focus on controlling air pollution is necessary and overdue. However, it is time to confront an uncomfortable truth: for millions living in North India, the damage has already been done. What is currently being managed represents only the tip of the iceberg. A vast, hidden burden of undiagnosed airway disease is building beneath the surface," Consultant Pulmonologist in Liverpool and a former Covid-19 Advisory Committee Member of India's Health, Manish Gautam, told PTI.
He cautioned that years of exposure mean that a lung health emergency is unfolding, while urging the policymakers to focus on early detection and treatment of airway diseases, and consider establishing a rapid "lung health task group".
In December, Delhi hospitals alone witnessed 20 to 30 per cent spike in respiratory patients, including many first-time cases and young adults, according to doctors.
Gautam, who holds over 20 years of experience at the UK's National Health Service, further noted that while pollution control and prevention measures remain critical, they are no longer sufficient on their own.
"India has shown before that large-scale public health interventions are possible. Government initiatives have significantly reduced the impact of tuberculosis through early diagnosis, and structured treatment programmes. A similar level of urgency and investment is now required for airway diseases," the Liverpool-based Pulmonologist told PTI.
The government reiterated in Parliament recently that there is no conclusive data establishing a direct causal link between air pollution and mortality or disease.
According to Rajay Narain, Honorary Cardiologist at St George's University Hospital in London, there is "overwhelming scientific evidence" linking air pollution to a range of diseases, including cardiovascular, respiratory, neurological and systemic, and any delay in addressing the issue will add to the health and economic burden.
He underscored that while short-term measures may reduce immediate exposure, the real solution lies in sustained, science-driven policies that prioritise clean air, protect vulnerable populations and hold all stakeholders accountable.
"Many early symptoms, such as headaches, fatigue, mild cough, throat irritation, digestive discomfort, eye dryness, skin rashes and recurrent infections, are often dismissed as minor issues but may represent early warning signs of serious chronic disease," Narain told PTI.
Data presented by the health ministry in Parliament's winter session stated that over 2 lakh cases of acute respiratory illness were recorded in Delhi over the past three years, with around 30,000 patients requiring hospitalisation.
Highlighting the factors that often go unnoticed, Professor Derek Connolly, a consultant cardiologist at the Midland Metropolitan University hospital in Birmingham, said that even on seemingly clean days, residents in polluted cities are exposed to invisible cardiovascular risks.
"People do not realise that cardiovascular disease is an extremely slow process, with episodes of rapid deterioration. This is a silent killer. Most people are unaware of their exposure because particulate matter is invisible and cannot be measured as easily as blood pressure or cholesterol levels. We are all exposed to it, even on days when pollution does not seem too bad," Connolly told PTI.
The Birmingham-based cardiologist said that whilst the increase in cardiovascular disease over the last decade has been ascribed to obesity, he suspects that a large portion of it is due to the rise of automobiles and airplanes filling the air with toxic substances.
PM2.5 pollution led to over 17 lakh deaths in India in 2022, of which the use of petrol for road transport contributed to 2.69 lakh deaths, the '2025 Report of The Lancet Countdown on Health and Climate Change' said.
In May, a global study by International Council on Clean Transportation revealed that policies targeting road transport emissions could save 1.9 million lives and prevent 1.4 million new children's asthma cases worldwide by 2040.
Over the years, healthcare professionals have repeatedly flagged the widespread impact of air pollution on public health, highlighting the urgency for intervention.
