Delhi HC Urges Action on Air Pollution, Challenges GST on Purifiers

December 24, 2025

New Delhi, Dec 24, 2025: The Delhi High Court on Wednesday expressed strong concern over the worsening air quality in the capital and the lack of effective measures to provide clean air to residents. During a hearing on a Public Interest Litigation (PIL) seeking relief for citizens affected by toxic air, the court admonished authorities for inaction and highlighted the urgency of the situation.

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela noted that every resident requires fresh air to breathe a basic necessity that remains unmet. The court’s remarks came amid very poor to severe Air Quality Index (AQI) readings that continue to affect public health in Delhi‑NCR.

Court Questions High GST on Air Purifiers

In an unusually strong critique of fiscal policy amid a public health crisis, the High Court challenged the central government’s decision to levy 18 per cent Goods and Services Tax (GST) on air purifiers, currently treated as non‑essential goods. The court said that if authorities are unable to ensure clean air, the least they can do is reduce the GST on devices that help citizens breathe safer indoor air.

The bench suggested that the GST rate on air purifiers be considered for reduction possibly to the 5 per cent slab that applies to many medical devices and even urged the government to consider temporary exemptions given the severity of the air pollution crisis.

PIL Seeks Medical Device Status for Purifiers

The PIL, filed by advocate Kapil Madan, argued that air purifiers have become indispensable for ensuring minimally safe indoor air quality amid the ongoing pollution emergency. It urged the court to direct the government to reclassify air purifiers under the Medical Devices Rules, 2017, which would entitle them to a lower 5 per cent GST rate rather than the current 18 per cent.

The petition contends that treating air purifiers as luxury items imposes an arbitrary and unreasonable tax burden on households already struggling with hazardous air conditions, making life‑saving equipment less accessible to many.

Court Presses Government for Immediate Response

During the hearing, the High Court pressed the government to provide instructions and a clear position on whether GST can be reduced or temporarily exempted under the circumstances. The bench asked for a response by midday, emphasizing that even a short delay in relief measures could continue to harm residents repeatedly exposed to polluted air.

The judges underscored that people breathe approximately 21,000 times a day, and the harm caused by polluted air accumulates with every breath making the need for both policy action and affordable mitigation crucial.

Public Health Context

Delhi’s air pollution remains one of the country’s most persistent environmental health challenges, especially during winter months when smog and particulate matter intensify due to weather conditions and emissions. Critics argue that comprehensive pollution control strategies and more supportive measures for citizens must accompany any interim relief, such as tax adjustments.