Plea in Delhi HC to classify masks and sanitisers as essential commodities
The petitioners are also challenging the decision of the Central government of not extending certain March notifications through which masks and sanitisers were classified as 'essential commodities' under the Essential Commodities Act, 1955 and prices of the same were fixed ar ₹8, 10, 16 and 100
New Delhi: A plea has been moved in Delhi High court that seeks direction to Central government to classify masks and sanitizers as Essential Commodities under Essential Commodities Act, 1955 and to regulate its prices.
The petitioners are also challenging the decision of the Central government of not extending certain March notifications through which masks and sanitisers were classified as “essential commodities" under the Essential Commodities Act, 1955 and prices of the same were fixed ar ₹8, 10, 16 and 100.
As per the petitioners the said act or the respondent is arbitrary, illogical and will have a vast impact on the conditions of the general public.
The plea by Gaurav Yadav and ad Aarti Singh have challenged the order of Central Government "excluding Mask and sanitiser from essential commodities", and levy of 18% GST on sanitizer through advocates Amit Kumar Sharma, Satyam Singh Rajput and Rohit Arora.
The plea seeks directions to Ministry of Health and Family Welfare and Ministry of Finance to reduce the GST rate of 18 percent on alcohol-based sanitizers to either 5% or 12%.
The matter is likely to be heard on 11 August.
"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 bearingS-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 State/Uts with respect to the price or availability to continue face masks & hand sanitizers as essential commodities" the plea reads.
The petitioners have submitted that these commodities are an essential requirement during the Coronavirus pandemic.
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