Chandigarh: Haryana Government Invokes ESMA Amid Doctors’ Strike
Introduction to the Situation
Chandigarh is currently witnessing a significant agitation led by the Haryana Civil Medical Services (HCMS) Association due to unmet demands. In response, the Haryana Government has enacted the Essential Services Maintenance Act (ESMA), which prohibits health department doctors and staff from striking for six months.
Government Actions to Ensure Medical Services
The government invoked this Act on Tuesday to guarantee uninterrupted care for critically ill patients and to maintain essential medical services. Additionally, the Director General of Health Services in Haryana announced that salaries of doctors participating in the strike will be withheld, following the ‘No Work, No Pay’ policy.
Details of the Doctors’ Strike
According to Medic Helpline, over 3,000 doctors, represented by the HCMS Association, initiated a strike on Monday. Their demands include a revised Assured Career Progression (ACP) structure and the revocation of direct recruitment for Specialist Medical Officers (SMOs). The association has stated that if their longstanding demands remain unaddressed, all healthcare services, including outpatient services, emergency care, post-mortems, labor rooms, and surgical units, will be suspended on December 8 and 9. They also warned of an open-ended strike starting December 10 if no resolution is reached.
Prohibitory Notices Issued
To curb further agitation, the Chief Secretary of Haryana issued a notice on December 9 that prohibits any strike by doctors and other health department staff for six months. The notice emphasized the need to ensure patient care and maintain essential medical services.
Official Statements on the Strike
Dr. Rajesh Khyalia, president of the HCMS Association, conveyed to PTI that doctors felt the need to strike due to unmet demands, primarily halting the direct recruitment of senior medical officers and implementing a modified ACP scheme.
The Director General of Health Services reiterated that the ‘No Work, No Pay’ policy applies to striking employees, directing that salaries not be released until further notice.
Local Government Response
Deputy Commissioner Ajay Kumar implemented prohibitory orders under Section 163 of BNSS within a 200-meter radius of all government health institutions, restricting gatherings of five or more individuals.
Haryana Health Minister Aarti Singh Rao commented that the government has ensured the continuity of essential health services despite the two-day strike. She acknowledged the efforts of many doctors who volunteered to maintain services and confirmed that NHM and Ayushman Bharat doctors were deployed across districts to keep outpatient, inpatient, and emergency services operational.
Negotiations and Future Outlook
Minister Rao expressed optimism that the strike would conclude soon, noting that the government has accepted several doctors’ demands and ongoing discussions are focused on the remaining issues. She emphasized that emergency services have remained functional and that the administration is actively working to resolve the matter.
Despite reaching some agreements, the HCMS Association indicated that bureaucratic resistance is hindering the acceptance of a modified ACP. They remain open to further discussions but are prepared to proceed with an indefinite strike from December 10 if no agreement is reached.
FAIMA’s Support for HCMS Doctors
The Federation of All India Medical Associations (FAIMA) has extended support to the HCMS doctors, urging the Haryana Health Minister to address their demands promptly. FAIMA highlighted that the ongoing agitation stems from unresolved grievances and emphasized the need for immediate negotiations, clear notifications on ACP benefits, and transparent policy decisions regarding recruitment and promotions.
FAIMA concluded that timely intervention could help defuse tensions and prevent further disruptions in healthcare services across the state, expressing their commitment to constructive dialogue and mediation.