ESMA imposed to prevent doctors’ strike in Odisha; order to remain in force for six months

In a bid to prevent agitation by the doctors, Odisha government on Tuesday imposed the Essential Services Maintenance Act (ESMA).

As per the order, doctors in the State will not be allowed to carry out strikes or work stoppages for the next six months. The Home Department has issued a formal notification enforcing ESMA in connection with doctors’ protests, and the directive will remain effective for a period of six months.

The move has been taken to ensure uninterrupted healthcare services and to prevent strikes and work boycotts in the health sector. With the implementation of ESMA, essential and emergency services cannot be disrupted, and protests leading to the suspension of such services are prohibited.

Notably, the Odisha Medical Services Association (OMSA) has been continuing a statewide two-hour OPD shutdown as part of its agitation over a 10-point charter of demands. In view of the ongoing protest, strict regulations have now been enforced under ESMA.

"Whereas the State Government are satisfied that in the interest of Public, it is necessary to prohibit strikes in the form of cessation of work by the Doctors, Nursing officers, Pharmacy officers, other Paramedics, Technicians, class-III and Class-IV employees etc. including contractual employees in services/ engagements connected with maintenance of medical services in the Government Hospitals and Dispensaries in the State like District Head Quarters Hospitals, Sub- Divisional Hospitals, Area Hospitals, Community Health Center, Primary Health Centers, Municipality Hospitals etc. including Medical Colleges and Hospitals run by Government and other autonomous Health Institutions receiving Grant-in aid from State Government, specifically AHRCC, Regional Spinal Injury Centre including Jail Hospitals, Police Hospitals etc. so that health care delivery system in the State is not affected / disrupted," read the notification issued by the Home Department under Odisha Government.

Also Read: Two-hour OPD shutdown by doctors disrupts patient care across Odisha

"Now, therefore, in exercise of the power conferred by sub-section (1) of Section-3 read with Section-2 of the Odisha Essential Services (Maintenance) Act 1988 (Odisha Act 9 of 1992), the State Government do hereby prohibit strikes in the aforesaid services. The order shall remain in force for a period of six months with effect from the date of issue," the notification further read.

"Following the unsuccessful discussions, doctors wore black dresses as a mark of protest, after which the OPD was shut down for one hour. From yesterday, the OPD was shut down for two hours. Following these developments, the government initiated oppressive measures. OMSA is fighting in the larger interest of the public. Currently, only 6,000 doctors are working against the required strength of 14,000 doctors, and we are demanding an increase in the number of doctors. As part of a symbolic protest, OPD services were suspended only for one to two hours. Subsequently, OMSA doctors attended to all the patients. This policy of oppression reflects intolerance and undue bureaucratic interference," said OMSA state president Dr Kishore Mishra.