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Exclusion of mask, sanitiser from essential list challenged in Delhi HC

New Delhi: A petition has been filed before the Delhi High Court challenging the Central government’s order excluding masks and sanitisers from the essential commodities list.

Petitioners Gaurav Yadav, a social activist, and advocate Aarti Singh have also challenged the levy of 18 percent GST on sanitizers. The plea has been filed through advocate Amit Kumar Sharma, advocate Satyam Singh Rajput and advocate Rohit Arora. 

According to the petition, the government notification violates the fundamental right to life of the general public particularly people from the lower income strata, as it gives leeway to manufacturers, traders, etc to start the malpractice of hoarding , black marketing, etc.

The petitioners also stated that the foremost purpose of the Essential Commodities Act 1955 is to provide benefit to the customers and not the trade industry. The legislation provides power to the government to take necessary steps for the benefit of the general public.

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The respondents in the writ petitions are the Union of India, Ministry of Consumer Affairs, Food and Public Distribution, Ministry of Health and Family Welfare, Ministry of Finance, Ministry of Home Affairs and the GST Council.

The matter will be heard on August 11, 2020.

– India Legal Bureau

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