New Delhi: In a landmark decision, the Supreme Court has upheld the Bombay High Court’s ruling that intellectual property theft falls under the ambit of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act). This judgment reinforces legal protection for the creative and intellectual work of marginalized communities, marking a significant win for Dalit scholars Dr. Kshipra Kamlesh Uke and Dr. Shiv Shankar Das.
The case originated when the couple, both scholars from Jawaharlal Nehru University (JNU), filed a petition following the theft of their self-funded research work in 2019 while living in Nagpur. Their laptops, containing critical research data on socio-political awareness among youth, were stolen by their landlord’s son, allegedly in connivance with local police. The couple claimed this act led to the complete loss of their raw research material, prompting them to seek legal recourse.
The Bombay High Court, in November 2023, ruled that the term “property” under Section 15A of the SC/ST Act should encompass both tangible and intangible assets, including intellectual property. The judgment was based on the argument that the Act, designed to protect SC/ST community members from various forms of atrocities, should not exclude losses that impact their professional and academic work.
The ruling was significant as the district magistrate (DM) had initially denied additional compensation to the couple, citing the absence of a provision under the SC/ST Act for intellectual property losses. The High Court rejected this narrow interpretation, emphasizing that intellectual property, though intangible, has value and must be protected under the law. It directed the DM in Nagpur to reconsider the compensation claim within three months.
On January 24, 2025, the Supreme Court dismissed the Maharashtra government’s appeal against the Bombay High Court’s ruling, upholding the broad interpretation of “property” under the SC/ST Act. The bench, comprising Justices B.V. Nagarathna and S.C. Sharma, refused to even issue a notice to the Dalit couple, signaling the lack of merit in the state’s appeal.
“We have heard counsel for the petitioner (state) at length. We do not find any merit in the special petition (appeal). Therefore, the special leave petition is dismissed,” the Supreme Court’s order stated.
Legal experts and activists have hailed the ruling as a progressive step in safeguarding the rights of Dalit and tribal scholars.
