New Delhi. The ongoing fierce war in West Asia has shaken the global energy market. India imports a major part of its LPG requirements from this region. Anticipating potential supply disruptions, the Government of India has invoked emergency powers under the Essential Services Maintenance Act (ESMA). Now this question is being raised in the minds of people that what is this ESMA after all.
What is ESMA and why was it imposed?
ESMA means that when governments feel that the lack of an essential service (such as electricity, water, or gas) could disrupt normal life, then ESMA is imposed. After its implementation, oil and gas sector employees cannot go on strike. If an employee or officer refuses to work, then the police can arrest that officer or employee without a warrant and may have to face jail or fine. If employees are asked to work overtime to maintain supplies, they cannot refuse. ESMA stands for Essential Services Maintenance Act. This is a law made by the Government of India and the State Governments, which is used when the government feels that the life of the general public may be in danger due to the stoppage of any essential service.
Highlights of ESMA:
Actually, after the implementation of ESMA, the employees of that department cannot go on strike. They have to work. If the employees are already on strike, then they have to return to work as soon as ESMA is imposed. If they do not do so, their strike is considered illegal. People who violate this law or incite a strike can be arrested without a warrant. There is a provision of imprisonment up to one year or fine (or both). The government can force employees to work overtime and employees cannot refuse to do so.
On which services can ESMA be imposed?
In fact, the government usually imposes ESMA on those services which are lifeline for the public, such as: Health services (hospitals and doctors) Transport services (railways, buses, air services) Electricity and water supply, banking and postal services, gas and oil supply (as has been done currently in war situations) The Government of India or state governments impose ESMA when such conditions arise in the country or a state that essential services for life (such as electricity, water, health, or Transport) is in danger of stalling. It is mainly imposed when the employees of these services go on strike or refuse to work, causing huge hardship to the public. Apart from this, even during war, natural disaster or global crisis (such as the ongoing US-Iran war and the gas crisis arising out of it), the government also implements it so that the supply chain of essential commodities is not broken and hoarding or artificial shortage can be prevented. The biggest reason for implementing ESMA is that in a democratic system, collective security and public interest are kept above personal or employee interests. Through this law, the government ensures that basic needs like treatment in hospitals, supply of cooking gas to homes and transportation on roads do not get stopped due to any protest or dispute. Since strikes become illegal after the implementation of ESMA and police get powers to arrest without warrant, the law acts as a strict deterrent, which becomes imperative to maintain the functionality of the nation in times of crisis.
