STATES IMPOSE ESMA FOR SIX MONTHS, DECLARING THE STRIKES ILLEGAL

Imposing the ESSENTIAL SERVICES MAINTENANCE ACT (ESMA), the government of UP and MP have announced on Friday i.e., 22.05.2020, that the act will be imposed for 6 months.

According to the U.P ESMA, the state government presently has the ability to forbid strikes for the following a six months, after which it might be stretched out for an additional a half year. It is pertinent to mention here that the State Government of Madhya Pradesh too has forced the stringent ESMA in the midst of Coronavirus pandemic.

Apart from making strikes illegal under ESMA, the salient features of ESSENTIAL SERVICES MAINTENANCE ACT (ESMA) are mentioned hereunder:

     The act is applicable on administrations such as open vehicle (transport administrations), wellbeing       administrations (specialists and clinics);

The act has is passed by the parliament of India in 1968, the same is a subject to concurrent list meaning thereby the State can have variations, the Central Government can impose the same in the hour of need or the state government can impose when there is a likelihood of strikes in essential services sector;

If any person strikes, during the ESMA being enforced, it shall be considered illegal and the offender may face imprisonment for a term which may extend to six months or with fine, which may, extend to five hundred rupees, or both;

Any Police Officer, may arrest without warrant, any person who is reasonably suspected of having committed any offence;

Orders issued under this law will be in effect in spite of being inconsistent with any other Uttar Pradesh Act for the time being in force, meaning thereby the provisions of this act will essentially have overriding effect over other acts.

The same being a very authoritative and stringent law, which can possibly smother genuine requests of employees, the execution of this strict law the Government remains totally cautious. The law is imposed under caution by the governments (be it state or the Union), that too in typical conditions. The law is not used in India to exploit the employees and the governments are liberal while imposing the Essential Services Maintenance Act, 1968.

Jai Hind!