The Essential Defence Services Bill, 2021, enacted by the Indian government, has recently created a buzz. This bill, which was presented in the Lok Sabha, is intended to substitute the ordinance declared in June 2021. It specifically bans any form of protest or strike by individuals involved in vital defence services.
Essential Defence Services Explained
According to the bill, Essential Defence Services include any service related to establishments or undertakings that deal with the manufacture of defence-required goods or equipment. It encompasses establishments of the armed forces or those connected with them or defence. Additionally, it includes services whose discontinuation would hinder the safety of the organisations engaged in such services or their workers.
Furthermore, the government may classify any service as an essential defence service if its cessation affects the production of defence-related goods or the operation or maintenance of industrial establishments engaged in such production.
The Definition of Strikes
In the framework of this bill, strikes are defined as a coordinated cessation of work by a group of people. This could take the form of mass casual leave, refusal to work overtime crucial for maintaining essential defence services, or any other activities that could disrupt the functioning of these services.
A Ban on Strikes, Lockouts and Lay-offs
The bill empowers the government to forbid strikes, lockouts and lay-offs in units involved in essential defence services. This type of order can be issued when necessary to ensure the sovereignty and integrity of India, the security of any state, public order, decency, and morality.
Penalties for Violation of the Bill’s Provisions
Employers who violate these prohibitions through illegal lockouts or layoffs could face a fine, imprisonment, or both. For initiating or participating in illegal strikes, the punishment could be up to one year in jail or a Rs 10,000 fine, or both. For instigating, inciting, or taking action to continue illegal strikes, up to two years imprisonment or a Rs 15,000 fine, or both could be the outcome.
Amendment to the Industrial Disputes Act, 1947
The Essential Defence Services Bill proposes an amendment to the Industrial Disputes Act, 1947 to include essential defence services as public utility services. This includes essential services such as electricity, water, gas, power, and transport.
The Right to Strike
Although the right to strike is globally recognized, it is not explicitly stated in India’s constitution. The Supreme Court declared in the Kameshwar Prasad v. The State of Bihar 1958 case that a strike is not a fundamental right, and government workers don’t have any legal or moral right to strike.
About the Industrial Disputes Act, 1947
The Industrial Disputes Act, 1947 outlines public utility service and strike parameters and imposes specific prohibitions on the right to strikes. It dictates that no one employed in public utility services shall go on a strike in breach of contract without fulfilling certain conditions. It is important to note that these provisions don’t prohibit workers from striking but require them to meet specific requirements before doing so. These provisions apply only to a public utility service.
