Why state invoked HESMA to ban doctors’ strike

The Haryana Government on Monday night invoked the stringent Haryana Essential Services Maintenance Act (HESMA), 1974, banning any strike by doctors and all categories of Health Department employees for the next six months, a day before the Haryana Civil Medical Services Association (HCMSA) is scheduled to launch an indefinite shutdown of all medical services across the state.

Why has the government invoked HESMA?

Following a two-day mass casual leave that already crippled OPDs and surgeries, the doctors have announced an indefinite strike starting December 10, 2025. They have explicitly stated they will not perform emergency duties or postmortems, which would bring even critical care and medico-legal work to a standstill.

An order issued by Chief Secretary Anurag Rastogi states that, under the powers granted by Section 4A(1) of HESMA, “the Governor of Haryana hereby prohibits any strike by doctors and any other categories of staff working under the Health Department, Haryana, for a period of six months from the date of publication of this order in the Official Gazette.” The order, published on December 9, argues that uninterrupted medical services are essential for public health and that any strike would “gravely affect public health and services essential for the life of the community.”

What are the provisions of HESMA?

By invoking the Act before the strike begins, the government has armed itself with strong legal provisions. The Act says that the participation in or instigation of a strike is an offence under Section 5 of the Act.

Section 7 of the Act says that “any person found guilty of an offence under this Act shall, on conviction, be punishable with imprisonment for a term which may extend to three years and shall also be Iiable to fine.

What are the doctors saying about proceeding with the strike?

The Haryana Civil Medical Services Association says the government has refused to hold talks on its core demand: implementation of the modified Assured Career Progression scheme. They are also claiming that CM Nayab Singh Saini and Health Minister Arti Singh Rao have agreed to their demand, but not the bureaucracy.

The modified ACP allows grade pay of Rs 6,600 at five years, Rs 8,000 at 10 years, and Rs 9,500 at 15 years. The Finance Department had then calculated that it would burden the exchequer by a mere Rs 9.75 crore per annum. At present, the government doctors receive a grade pay of Rs 7,600 after 10 years and Rs 8,700 after 15 years.

What happens next?

The ban on strike is effective immediately and will remain in force for six months or until withdrawn. The doctors have publicly stated they will defy the ESMA and proceed with the strike.