When the Ordinance became an Act, half of the provisions regarding investment promotions and all, got lost in transit. Typical Kerala Style!
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.
It was with much expectations that I bought Eposon M205 Print/Scan/Copier Ink Tank Inkjet printer, three months back, from Flipkart.com. But within these three months, I had to call the customer service center thrice to repair the printer. The basic problem with this printer is with its paper feeder. The paper feeder of the printer (not ADF), is noisy and seriously faulty. The printer does not intake the papers properly. And even if it does, many times, the printer would simply eject the paper without printing anything, as if the paper was not inserted properly. It is a frustrating exercise to print 10pages in this printer.
Another problem with this printer is with its paper-jam-sensors. Even if no paper is jammed inside the printer, it would show that some paper is jammed inside. Switching the printer off-n-on for two to three times, would magically remove the jammed paper, and resolve the problem.
The Customer Service Center of Epson in Kochi, Kerala is another frustrating point. They would never answer the phone in their published phone number. One has to go to that place and invite the person to repair the printer. Once they could not even repair the printer at one go, but made me wait for a week for obtaining some part of this faulty printer.
On a whole, I would not recommend this printer to anyone. If Epson is kind enough to take mine back and refund my money, I would be much obliged !
I have 20 minutes drive to reach my office at Paramara Road. In the car while driving, Radio Mango 91.9 and Club FM 94.3 were my companions to kill the traffic. But things changed when I downloaded ‘Podcast Addict’ in my mobile phone. It has a wide range of on-demand audio entertainment programs to enjoy the spare the time spent inside the car. My favourite podcast stations are:
Podcast has the edge to kill the dominance of FM Radio inside the car. I am sure, some time in near future, this is going to happen, in Kerala too.
It was World Earth Day yesterday and all people ranging from radio jokeis to politicians were crying for planting more trees in Kerala. I have planted lot of trees in this world. My home is surrounded with so many trees that the place can be safely described as amini private forest. My father and I have planted lot of aanjili, mahogany and aariveep trees alone the roadsides of Aluva-Munnar Road. From my experience as a person who has planted many trees, there are several small small hurdles, in the character of malayalees and laws implemented here, which need to be corrected, if we are actually serious about increasing the tree cover. They are enumerated hereunder for identifying the huddles in turning Kerala Green.
Today it is 36 degree Celsius in Kochi. We are witnessing unprecedented summer heat. If we don’t act now and increase the tree cover in Kerala, soon the place would be a desert, populated with hotair inflated egoistic persons.
കീഴില്ലം എൽദോസ് ചേട്ടൻ എന്റെ ഓഫീസിലെ ഒരു സ്ഥിരം സന്ദർശകനാണ്. ടിയാന്റെ പ്ലൈവുഡ് ഫാക്ടറിക്കു പഞ്ചായത്ത് ലൈസൻസ് നേടിക്കൊടുത്തതാണ് എന്റെ ആദ്യത്തെ പ്രമാദമായ വിജയം. അദ്ദേഹം ഒരു ദിവസം കുശലാന്വേഷണത്തിന് എന്റെ ഓഫീസിൽ വന്നപ്പോൾ മേശപ്പുറത്തിരിക്കുന്ന മാഗസിൻചട്ടയിൽ എന്റെ പേര് എഴുതിയിരിക്കുന്നത് ശ്രദ്ധിച്ചു. പുസ്തകം മറിച്ച് നോക്കുന്നത് കണ്ട് ഞാൻ പറഞ്ഞു കൊടുത്തു ആ പുസ്തകത്തിലാണ് കേരളാ ഹൈകോടതിയുടെ പ്രധാനമായ വിധികൾ പ്രസ്ഥീകരിക്കുന്നതെന്ന്. എല്ലാം മനസ്സിലായി എന്ന മട്ടിൽ എൽദോസ് ചേട്ടൻ തലയാട്ടി സ്ഥലം വിട്ടു.
ഒരാഴ്ച്ചക്ക് ശേഷം ഞാൻ ഫയൽ ചെയ്ത ഒരു ചെറിയ കേസിൽ ഒരു കാരണവുമില്ലാതെ എതിർകക്ഷി ഒരു മുതിർന്ന അഭിഭാഷകനെ ഹാജരാക്കി. ഞാൻ കൌതുകത്തോടെ എൻഗേജിങ് വക്കിലിനോട് ചോദിച്ചു എന്താണ് പെട്ടെന്ന് ഈ കേസിൽ മുതിർന്ന അഭിഭാഷകനെ കൊണ്ടുവരാൻ കാരണമെന്ന്. പുള്ളി ചിരിച്ചു കൊണ്ട് പറഞ്ഞു ടിയാന്റെ കക്ഷി എന്നെ പറ്റി അന്വേഷിച്ചപ്പോൾ ഞാൻ ജഡ്ജിമാർക്ക് പുസ്തകം എഴുതി കൊടുക്കുന്ന വക്കീലാണെന്നാണ് അറിഞ്ഞതെന്ന്. അമ്പരന്ന് ഞാൻ കൂടുതൽ അന്വേഷിച്ചപ്പോൾ, ടി വൃത്താന്തത്തിന്റെ ഉറവിടം എൽദോസ് ചേട്ടൻ ആണെന്ന് മനസ്സിലായി. ഒന്നും പറയാൻ കഴിയാതെ ചിരിച്ചുകൊണ്ട് ഞാൻ എൽദോസ് ചേട്ടനെ വിളിച്ചു, ഒരു ചായ മേടിച്ചുതരാമെന്നു പറഞ്ഞു.
The more I learn and understand the law, the surer I am, that law is an Ass. The sentiments was sown in me by an obscure English play of 17th century called Revenege for Honour, narrated to me by a senior-lawyer-friend of mine. In that exotic play, staged in far-off Arabia, the eldest son of the Caliph, is accused of ravishing another man’s wife, with her consent, for which he had to be condemned by his own father – Caliph, to have him castrated in public. A supporter of the elder son, dismayed at the harshness of the penalty, said “.. what, hoodwink men like sullen hawks for doing deeds of nature! I’m asham’d the law is such an Ass”.
The recent amendments to the Indian Penal Code brought in by The Criminal Law (Amendment), Act 2013, subsequent to the incident of Nirbhaya Gang Rape case in Delhi, is a paradoxical enactment, which would groom the Indian Law into an Ass. According to the new law, under the age of 18, consensual sex between teenage friends is construed as Rape, no matter what, and is punishable with minimum seven years imprisonment. Among adults, a woman can transform an incident of consensual sex, into charges of rape subsequently, by simply saying that the man had a fiduciary authority and her consent was vitiated. Amendments are also brought in the Evidence Act, which would effectively muzzle an accused of rape, and scuttle all chances of fair trial.
Considering all the hard facts about the current Indian Law, I am forced to remember the incident that happened in the novel Oliver Twist, penned by the celebrated author Charles Dickens. In that novel, Mr. Bumble, a henpecked husband, was accosted by Mr. Brownlow for destroying the evidence relating to Oliver’s parentage, in connivance with Mrs. Bumble.
Mr. Brownlaw said “You were present on the occasion of the destruction of these trinkets, and, in deed, are the more guily of the two in the eye of law, for the law supposes that your wife acts under your direction.”
“If the law supposes that,” said Mr. Bumble, “the law is an ass – a idiot. If that is the eye of the law, the law’s a bachelor, and the worst I wish the law is, that his eye may be opened by experience – by experience.”