The Odisha Essential Services (Maintenance) Act, 1988 (ESMA) empowers the state government to prohibit strikes in critical sectors to safeguard public welfare, recently invoked against protesting doctors.
Key Concepts Explained
ESMA defines "essential services" as water supply, public health (hospitals), electricity, transport—now expanded to fire safety, prisons, food grains, and IT/comms via 2020 amendments. "Strike" means work stoppage, absenteeism, or overtime refusal causing service disruption (layman's: any group action halting vital work).Government issues orders (notified publicly) banning strikes/lockouts/lay-offs for 6 months, extendable, overriding Industrial Disputes Act, 1947.
Provisions and Penalties
Orders make strikes illegal; participants face up to 6 months jail or ₹500 fine; instigators up to 1 year or ₹1,000.Employers can't lock out or lay off without cause (e.g., power shortage); violations punishable similarly.Police (Sub-Inspector+) can arrest without warrant; new rules penalize financial aid (up to 1 year/₹5,000) and trigger disciplinary action.
UPSC/OPSC Implications
Balances labor rights (Article 19(1)(c)) with public interest (Article 19(6) restrictions), critiqued for curbing protests but vital for governance.Links to SDGs (health Goal 3), federalism (state-specific ESMA vs. central 1968/1981 Acts).Aspirants note frequent invocations (e.g., Odisha doctors 2026, power utilities).
Prelims Questions
- Essential services under Odisha ESMA include? (Water, health, electricity, fire safety post-2020).
- Penalty for illegal strike instigation? (1 year imprisonment or ₹1,000 fine).
- ESMA overrides which Act? (Industrial Disputes Act, 1947).
Mains Questions
- Evaluate ESMA's role in essential services amid labor unrest (GS-2: Polity/Governance).
- Discuss tension between right to strike and public health imperatives, using Odisha case (GS-3: Health/Economy).
- Analyze ESMA amendments' impact on federal labor policy (GS-2: Federalism).
Future Prospects
Repeated extensions (e.g., 2024 notifications) signal ongoing use amid shortages (Odisha: 50% doctor vacancies).[6][page:2 from prior] Judicial scrutiny possible (fundamental rights challenges); reforms may integrate with labor codes for mediation focus.
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