Nagpur: In a groundbreaking legal victory, Dalit researchers Dr. Kshipra Kamlesh Uke and Dr. Shiv Shankar Das have secured a historic ruling from the Supreme Court of India, recognizing intellectual property as compensable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The case, which spanned over six years, led to the Maharashtra government being ordered to compensate the couple for the theft and loss of their intellectual property, as reported by The Mooknayak.
On January 24, 2025, the Supreme Court, led by Justice B.V. Nagarathna and Justice Satish Chandra Sharma, dismissed the Special Leave Petition (SLP) filed by the Maharashtra government, affirming the Bombay High Court’s decision. The court deemed the appeal to lack merit, setting a significant precedent in Indian legal history by recognizing intellectual property as a form of property deserving compensation under the Atrocities Act.
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Friday 31 Jan. 2025
A Legal Struggle Against Caste-Based Discrimination:
The legal ordeal began on September 8, 2018, when the couple’s residence in Nagpur’s Laxmi Nagar area was raided during their absence. The raid, allegedly orchestrated by their landlord and facilitated by corrupt police officers, resulted in the theft of critical research data stored on laptops, pen drives, and academic certificates. Despite several attempts to file an FIR, Bajaj Nagar Police initially refused to register their complaint.
The couple claims that their caste identities became a point of contention in the Brahmin-majority locality. Their political activism, which included organizing a protest rally against the Rashtriya Swayamsevak Sangh (RSS) following the death of Rohith Vemula, further intensified the hostility they faced.
Impact of the Intellectual Property Loss:
The stolen data, which included over 5,000 research samples, severely disrupted the couple’s academic pursuits and crippled their NGO consultancy work with VARHAD, an organization that supports prisoner rights. The loss also resulted in missed opportunities to present their research to Union Ministers and difficulties in securing project funding. Additionally, the theft led to them losing their jobs, as they could no longer provide original academic documents.
“It’s not just about losing certificates—it’s about losing years of research, international conference contributions, and our careers,” Kshipra lamented.
A Landmark Legal Precedent:
Despite lacking formal legal training, the couple represented themselves in court. They meticulously researched provisions under the SC/ST (PoA) Act, successfully arguing that intellectual property qualifies as movable property deserving compensation. They quantified their losses at ₹127.55 crore in intrinsic value and ₹3.91 crore in instrumental value.
On November 10, 2023, the Nagpur Bench of the Bombay High Court partially allowed their petition, instructing the Maharashtra government to compensate the couple for their intellectual property loss. However, the state government did not comply and filed an SLP in the Supreme Court.
The Supreme Court’s dismissal of the SLP on January 24, 2025, upheld the High Court’s ruling, establishing a significant legal precedent for compensating intellectual property loss under the Atrocities Act.
Authorities Shield Police Personnel:
The investigation revealed that seven police officers were involved in tampering with evidence and fabricating documents. Although departmental inquiries found them guilty, they faced only minor penalties, such as withheld increments, with no criminal prosecution.
“We demand criminal action against the guilty officers under the Atrocities Act, but the state continues to shield them,” Das said.
A Milestone for Dalit Rights:
The National Commission for Scheduled Castes recommended an inquiry and action against the culprits, but the authorities failed to submit an Action Taken Report. The couple’s tireless legal battle highlights their determination to seek justice and create a legal precedent for marginalized communities.
“This victory isn’t just ours; it’s for everyone fighting systemic oppression. Intellectual property is as valuable as physical property, and this judgment recognizes that,” Kshipra emphasized.
This case marks a milestone in Indian legal history, paving the way for future cases involving intellectual property theft and caste-based discrimination.
