Intellectual Property Theft Comes Under SC/ST Act : Supreme Court Affirms Bombay HC Verdict Giving Relief To Dalit Researchers

The Supreme Court recently upheld the Bombay High Court's judgment on the issue of compensation for intellectual property loss under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and its accompanying Rules, 1995.This High Court's ruling upheld the right of two researchers from the Scheduled Caste community, who alleged caste-based atrocities, to compensation for the loss of their intellectual property due to a theft.A bench of Justice B.V. Nagarathna and Justice Satish Chandra Sharma dismissed an SLP file by State of Maharashtra observing, “We have heard learned counsel for the petitioner at length. We do not find any merit in the Special Leave Petition. Hence, the Special Leave Petition is dismissed.”The Bombay High Court had noted that Secion 15A(11)(d) enjoins the State to provide relief in respect of death, injury, or damage to property. As the word “property” is not defined in any provision of the Atrocities Act, it must be given a plain and literal meaning which would include immovable and movable property, whether tangible or intangible or in any form of whatsoever nature which is capable of being valued, the High Court observed. “The meaning to be assigned to the word “property” would include incorporeal property such as a right in rem, a right over material or immaterial thing and includes a legal right in a property not having any physical existence such as a Patent, a Copyright or a Design which are intangible in nature and lack physical existence. Intellectual rights are rights in property even though they lack physical existence and are, therefore, capable of valuation for the purpose of deciding compensation or relief under the provisions of the Atrocities Act”, the High Court had held.BackgroundDr. Kshipra Kamlesh Uke and Dr. Shiv Shankar Das, both Ph.D. holders from Jawaharlal Nehru University, New Delhi, had been conducting socio-political research in Nagpur since 2014. They claimed that their research project involved the collection of survey data from over five hundred students, along with other critical academic material. In their absence from their rented residence, the son of their landlord who belonged to a high caste allegedly broke into their home with assistance from police officials and stole essential research equipment, including laptops containing valuable data and survey forms.They contended that the theft and destruction of their intellectual property constituted a caste-based atrocity under the provisions of the Atrocities Act. They approached the National Commission for Scheduled Castes, which issued recommendations to the District Magistrate of Nagpur. These included directions for compensation and the formation of a Special Investigating Team (SIT) to further investigate the incident. Dissatisfied with the limited relief granted and the lack of progress in implementing the Commission's recommendations, they approached the Bombay High Court.In their petition, the researchers sought the full implementation of the recommendations made by the National Commission for Scheduled Castes, the formation of an SIT to complete the investigation and submit a report (charge sheet) under Section 173 of the CrPC, and compensation for their property damage, including the loss of their intellectual property.They argued that the term “property” under Section 15A(11)(d) of the Atrocities Act must be interpreted broadly to encompass both tangible and intangible assets, such as intellectual property. They emphasized the irreplaceable nature of their research data and the significant professional loss they had suffered due to its destruction.The State, however, contended that the term “property” under the Atrocities Act referred exclusively to tangible, physical property and did not extend to intellectual property. The State further argued that there was no statutory basis for compensating the loss of intellectual property under the existing provisions of the Act or its Rules.The National Commission for Scheduled Castes, after conducting an inquiry, had recommended the consideration of the petitioners' demands and the provision of compensation within a stipulated timeframe. Following these recommendations, an SIT was formed, and a chargesheet was filed under various sections of the IPC and the Atrocities Act. Additionally, partial compensation amounting to Rs. 4,50,000 out of a sanctioned sum of Rs. 6,00,000 was disbursed to the researchers. However, the authorities refused to compensate for the intellectual property loss, citing the absence of legal provisions for such relief.The Bombay High Court emphasized that the term “property” should be interpreted expansively to include both tangible and intangible assets. The Court drew upon definitions of property in legal literature and relevant provisions of the IPC to underscore that intellectual property is capable of valuation and constitutes a compensable loss.The High Court highlighted the legislative intent of ...

Intellectual Property Theft Comes Under SC/ST Act : Supreme Court Affirms Bombay HC Verdict Giving Relief To Dalit Researchers

Amisha Shrivastava

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