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Essential Services Maintenance Act

Essential Services Maintenance Act

11-12-2023

Context

Recently, the Odisha Government has invoked its Essential Services Maintenance Act (ESMA) to prohibit strikes by paramedical staff; including pharmacists, nurses and technicians to ensure that essential medical services are not disrupted in the state.

Significance of ESMA

  1. Emergency Powers: ESMA grants authorities emergency powers to prohibit strikes in essential services crucial for public welfare.
  2. Constitutional Placement: subject number 33 in the 7th schedule under the concurrent list of the Indian Constitution.
  3. Prevents Disruptions: Aimed at preventing disruptions in services like healthcare, transport, and public utilities during critical situations.
  4. Legal Sanctions: ESMA empowers authorities to take legal actions, including arrests and detentions, against those violating the act.
  5. Balancing Rights: While restricting strikes, ESMA attempts to strike a balance between the rights of essential service providers and the public interest.

Challenges Involved

Probable Solutions
  1. Violation of Article 19: ESMA infringes on the freedom of speech and expression, as it restricts the right to strike, a fundamental aspect of workers' rights.
  2. ILO Labor Conventions: ESMA has faced criticism for not aligning with certain ILO labor conventions that emphasize the right of workers to organize and bargain collectively.
  3. Emergency Powers Abuse: ESMA grants excessive emergency powers to authorities, potentially leading to misuse and curbing the democratic right of workers to protest.
  4. Lack of Social Dialogue: Critics argue that ESMA neglects the importance of social dialogue and negotiation in resolving labor disputes, undermining the collaborative spirit encouraged by international labor standards.
  1. Market Deregulation: Amend the Essential Commodities Act to allow market forces to determine prices, encouraging competition and efficient supply chain management.
  2. Strategic Stockpiling: Implement a controlled stockpiling system to manage essential commodities, ensuring stability in times of crisis while preventing unnecessary hoarding and price fluctuations.
  3. Public-Private Partnerships: Foster collaboration between the government and private sector for efficient production, distribution, and storage of essential commodities, enhancing overall supply chain resilience and consumer welfare.
  4. Technology Integration: Leveraging technology for better monitoring and management of essential commodity distribution, including real-time tracking, data analytics, and e-commerce platforms to streamline procurement and distribution processes.

Way Forward

  1. Ensuring Public Order:

    1. Use ESMA to maintain essential services during strikes, safeguarding public order under Article 19(2) while complying with ILO Convention 87, recognizing the right to strike.
  2. Negotiation and Mediation:
    1. Leverage ESMA to facilitate negotiation by emphasizing Article 19(1)(c) rights, promoting ILO Convention 98 adherence, and encouraging dispute resolution mechanisms to address labor concerns.

 

 

 

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