One of my clients who is engaged in rearing of duck, wanted to know the various licenses he should have, to conduct his duck farm, legally. He had none at present. But, during the dawn of Goods and Service Tax, he wanted to know the details of other licenses required to conduct duck farming .
In Kerala, duck farming is regulated under the Kerala Panchayat Raj (Licensing of Livestock Farms) Rules, 2012. According to the Rules, one can rear 15 poultry birds in one cent of land. In addition to that, based on the number of birds reared, there should be Fertilizer Pits (വളക്കുഴി), and burial pits (if there are more than 5000 birds), for the farm. The license is to be issued by the Secretary of the concerned Grama Panchayat. The certificates from the Pollution Control Board and District Medical Officer, are necessary, though it can be exempted by the Secretary, if it is so felt by him, on basis of location of the farm.
However, there is a catch to all these. The farm cannot be operated in a paddy land. This is because, according to Kerala Conservation of Paddy land and Wetland Act, 2008, the Panchayat is prohibited from issuing any license in any property classified as Paddy Land. My client was operating his duck farm in a paddy land. Although his land is only partially reclaimed, the entire land is included in the data bank as paddy land. So he cannot get any license from the Panchayat.
This is an anomaly in the law as ducks are traditionally reared in paddy fields. Although I suggested to my client to file a writ petition, to cure the anomaly, he declined to proceed with a case. He rather preferred to do his business under the radar of law, having done so, peacefully, for the last several years. When I pressed him for the real reason for his hesitation, the answer astonished me.
Conventionally, although ducks require amble amount of puddled water for growth; in poultry farms, they are reared in cages, without taking them to water. My client has vast extent of wetland but none of his ducks have the fortune to swim in it. So according to my client, if a case is filed to cure the anomaly in law, it may backfire, questioning his very method of duck farming.
One thing is very clear. Ducks in Kerala are in a state of Catch 22.
If one rears ducks in paddy fields, then he will not get license, and it is rather illegal; and if he rears ducks in dry land, then ducks will not get water. Other alternatives are not commercially viable. So in short, there is no water for ducks, practically and legally, in Kerala.