As Delhi continues to choke under hazardous air pollution, the Delhi High Court has raised serious concerns over the Central Government’s decision to levy 18% GST on air purifiers. Calling clean air a basic necessity, the court questioned whether air purifiers should be treated as luxury items in a city battling a public health crisis.
🏛️ Delhi HC Calls Clean Air a Basic Right
During the hearing, the High Court made a strong observation, stating that providing clean air to citizens is the minimum responsibility of the government, especially in emergency pollution conditions.
The bench was hearing a plea that sought to classify air purifiers as “medical devices”, which would make them eligible for GST exemption. The petitioner argued that air purifiers are no longer optional appliances but essential health tools in Delhi’s toxic environment.
🚨 “This Is an Emergency Situation,” Says the Court
The court did not mince words while addressing the gravity of the situation. It urged the Centre to at least consider temporary GST relief during peak pollution periods.
One of the key remarks from the bench included:
“Let the purifiers be provided. That’s the minimum you can do… Even if it is temporary, give exemption for one week or one month. Consider this an emergency situation.”
The judges also highlighted the involuntary nature of breathing and its health impact, noting:
“We breathe at least 21,000 times a day. Just calculate the harm you are doing to your lungs just by breathing — and that’s involuntary.”
The matter has now been placed before the vacation bench for compliance and further consideration.
🌫️ Pollution Levels Remain Alarming in Delhi
The hearing comes at a time when Delhi’s air quality remains in the ‘very poor’ category. According to Central Pollution Control Board (CPCB) data:
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Areas like ITO and India Gate recorded AQI levels above 350
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GRAP Stage-IV restrictions are currently enforced across Delhi-NCR
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Residents continue to face severe health risks, including respiratory and cardiovascular issues
These conditions further strengthen the argument that air purifiers serve a protective health function, not a luxury purpose.
💬 Public Reaction: Mixed Opinions
The court’s strong remarks triggered widespread debate among readers and citizens.
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Supporters applauded the judiciary for acknowledging pollution as a public health emergency
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Critics questioned whether individuals should rely on government relief instead of personal responsibility
This divide reflects the larger challenge of balancing government accountability, public health, and economic policy in the fight against environmental degradation.
❓ Bigger Question: Luxury or Lifesaving?
The Delhi High Court’s intervention brings a critical question to the forefront:
Should essential tools for survival in extreme pollution be taxed like consumer goods?
With clean air no longer guaranteed in several Indian cities, air purifiers have transitioned from luxury products to lifelines for many households. The court’s message makes it clear: access to clean air should not come with a tax burden, especially during environmental crises.
✅ Conclusion: A Breath of Relief or a Missed Opportunity?
The Delhi High Court has taken a much-needed stand by calling out the contradiction in taxing air purifiers during a pollution emergency. While the Centre has yet to respond formally, the court’s remarks could serve as a turning point in environmental health policy.
As India continues to urbanize rapidly and environmental risks rise, this case may set a precedent for reclassifying certain health-protective devices as essential — not luxury — commodities.
Whether or not GST is reduced, one thing is clear: breathing clean air should not be a privilege, but a protected right.