Ordinance Prohibiting Strikes By Defence Services
Source : Economic Times
Security Forces

What is discuss under Ordinance Prohibiting Strikes By Defence Services ?

1. Essential Defence Services Ordinance 2021
2. Right to form associations or unions 

Why in News ?

The government came out with an ordinance prohibiting any agitation and strike by anyone engaged in the essential defence services. 

Key Facts

• The Essential Defence Services Ordinance 2021 comes in the backdrop of the announcement by major federations of the Ordnance Factory Board (OFB) to go on indefinite strike from the later part of next month in protest against the government’s decision to corporatise the OFB.
• Details of Notification
  • Employees involved in the production of defence equipment, services and operation or maintenance of any

    

    industrial establishment connected with the military as well as those employed in repair and maintenance of defence products will come under the purview of the ordinance.

  • Any person, who commences a strike which is illegal under this Ordinance or goes or remains on, or otherwise takes part in, any such strike, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to Rs 10,000 or both.
  • Anyone instigating or inciting others to take part in a strike declared illegal under the Ordinance shall also be punishable with imprisonment for a term which may extend up to two years besides prescribed fines.
• Background
  • Government recently approved long-pending proposal to restructure Ordnance Factory Board that operates 41 ammunition and military equipment production facilities into seven state-owned corporate entities.
  • This aims to improve its accountability, efficiency and competitiveness.
  • There will be no change in service conditions of nearly 70,000 employees of the organisation and that the decision is driven by efforts to boost India’s defence manufacturing sector.
• Ordinance will extend to the whole country services linked to the production of goods or equipment required for any purpose connected with defence will come under its purview.

Ordinance Prohibiting Strikes By Defence Services & Right to form associations or unions 

• Right to form associations or unions  is not available to every Indian.
• Article 33 of the Constitution gives Parliament the power to modify the fundamental rights of the members of the
  • Armed Forces
  • Intelligence services
  • Those employed in the telecommunication systems
• It is for ensuring the proper discharge of their duties and for the maintenance of discipline among them.
• The legislations governing the Armed Forces and central police forces restrict the members fundamental right to form a trade union, to attend or address any political demonstration and to communicate with the press.
• The state governments, too, have restricted these fundamental rights of police personnel.
• Instances across the globe
  • Many European countries permit military personnel to form associations to deal collectively with matters affecting their living and working conditions.
  • Trade unionism is an integral part of the Dutch military.
  • South Africa, the General Regulation of 1999 provides for organisational rights of military trade unions.
  • They have limited freedom of speech and do not have the right to strike.

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