NEWS: Plea in Delhi HC, Challenging Centre’s Decision to De-classify Mask and Sanitizer from Essential Commodities

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A petition has been filed in Delhi HC seeking directions to the Centre for classifying masks and sanitizers as “essential commodities” and regulations of their prices.

Also the petition seeks direction to the Ministry of Finance & the GST Council to reduce tax on alcohol based sanitizer from 18% to 5 or 12%.

The Centre’s decision to remove the masks and sanitizers from the ‘essential commodities’ by way of not extending its notification dated March 13 & June 30, is arbitrary and illogical. Whereas earlier prices of masks and sanitizers were fixed at ₹ 8, 10 16 and 100.

“that in contrast to the situation whereby masks and sanitizers have emerged as the basic necessity for every individual, the respondent no. 1 vide the office memorandum bearing S-26/1/2020-ECR & dated 01/07/2020 stated that they have decided    not to continue to classify masks and sanitizers as “essential commodities” as no adverse reports from the States/UTs with respect to the price and availability to continue face masks & sanitizers as essential commodities.“

Further the petition states that Covid-19 cases are on surge in India, wearing masks and use of hand sanitizers have become utmost importance for the general public to prevent themselves from the virus. So, “their easy availability to the general public is necessary.“

The petitioner contends that “keeping the masks and sanitizers out from the classification of ‘essential commodity’ under the Essential Commodities Act, 1955 would increase the chance of malpractice viz. black marketing, price hiking, hoarding etc. of the said products“ and would expose economically challenged sections of the country.

Moreover petition states that more than the quarter of India’s population is living below the poverty line and such 18% GST on sanitizers has led to the high prices and becoming non-pocket friendly necessity for citizens.

Therefore the petition sought direction by the court to extend notification by the Central Government to classify masks and sanitizers under purview of essential commodities and reduce the GST rates to 5 or 12%.