Essential Services Maintenance Act (ESMA) and Its Implications

Prelims Only | Governance | Mains Paper 2: Governance, Transparency & Accountability, Citizens Charters

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Central Idea

The Odisha Government invoked its Essential Services (Maintenance) Act (ESMA) prohibiting strikes by paramedical staff, including nurses, pharmacists and technicians to ensure that medical services are not disrupted.

Description: The Essential Services Maintenance Act (ESMA) is a significant piece of legislation enacted by the Parliament in 1968.
Constitutional Placement: It falls under list no. 33 in the 7th schedule under the concurrent list of the Indian Constitution.
Purpose: ESMA is primarily used by states to manage strikes by employees, especially in essential services.
Essential Services: The Act empowers the government to designate any economic activity or service as ‘essential’, where disruption would impact the normal life of people.

Police Authority: The Act grants police the authority to arrest protestors without a warrant if they violate the provisions of ESMA.
State-Specific Provisions: Each Indian state has its unique version and provisions of the ESMA.

Worker’s Basic Right: Striking is a fundamental means for workers to legitimately promote and defend their economic and social interests.
Legal Status: While the right to protest is a fundamental right under Article 19 of the Indian Constitution, the right to strike is a legal right with certain restrictions.
Industrial Dispute Act 1947: This act outlines the legal framework and restrictions for strikes, especially in public sectors and essential services.
Restrictions in Specific Sectors: Strikes are particularly restricted for public sector employees, banking, oil, metropolitan transport, and education sectors under state jurisdiction.

ILO’s Stance: The ILO’s Committee on Freedom of Association has established principles regarding the right to strike.
Essential Services Definition: Essential services are those whose interruption could endanger the life, safety, or health of part or all of the population.
Examples of Essential Services: The committee identifies sectors like hospitals, electricity, water supply, telephone services, and air traffic control as essential services.
Restriction on Strikes: Employees in these essential services are generally not permitted to strike.

Irresponsible Use: The Act has been criticized for its sometimes irresponsible and unwise implementation.
Suppression of Democratic Rights: ESMA is seen as monopolizing power and suppressing the democratic rights of stakeholders, particularly the right to protest or strike.
Government’s Overpowering Role: Critics argue that ESMA dangerously skews the balance in industrial relations towards the government in the public sector.

Debate on ESMA’s Role: The Essential Services Maintenance Act remains a contentious topic, balancing the need for uninterrupted essential services with the rights of workers to strike.
Need for Responsible Implementation: Responsible and democratic application of ESMA is crucial to maintain this balance.
Ongoing Discussions: The Act continues to spark debate about the extent of government power and the protection of workers’ rights in essential sectors.