Nagpur: In a historic legal battle that spanned over six years, Dalit researchers Dr. Kshipra Kamlesh Uke and Dr. Shiv Shankar Das compelled the judiciary to recognize intellectual property as compensable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, as reported by The Mooknayak. The Supreme Court of India recently upheld the Bombay High Court’s landmark judgment, ordering the Maharashtra government to compensate the couple for the theft and loss of their intellectual property.
The apex court, comprising Justice B.V. Nagarathna and Justice Satish Chandra Sharma, dismissed the Special Leave Petition (SLP) filed by the Maharashtra government on January 24, 2025, stating that the appeal lacked merit. This development marks a precedent in Indian legal history, recognizing the intrinsic and instrumental value of intellectual property as compensable under the Atrocities Act.
Legal Struggle Amidst Caste-Based Discrimination:
The ordeal began on September 8, 2018, when the couple’s home in Nagpur’s Laxmi Nagar area was raided in their absence. Orchestrated by their landlord and allegedly facilitated by corrupt police personnel, the raid led to the theft of invaluable research data stored in laptops, pen drives, and academic certificates. Despite repeated attempts to file an FIR, Bajaj Nagar Police initially refused to register their complaint.
The couple alleged that their caste identities became a point of contention in the Brahmin-dominated locality. Their political activism, including organizing a significant protest rally against the Rashtriya Swayamsevak Sangh (RSS) following Rohith Vemula’s death, further escalated hostility.
Impact of the Intellectual Property Loss:
The stolen data, containing over 5,000 research samples, not only disrupted their academic pursuits but also crippled their NGO consultancy work with VARHAD, which supports prisoner rights. The loss of critical research data resulted in missed presentations before Union Ministers and the inability to secure funding for projects. The theft also rendered the couple jobless as they were unable to 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.
Legal Victory and Landmark Precedent:
Undeterred by their lack of legal training, the couple represented themselves in court. They rigorously researched provisions under the SC/ST (PoA) Act and successfully argued that intellectual property is a form of 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 and instructed the Maharashtra government to compensate them for the intellectual property loss. Despite this judgment, the state government withheld compliance and filed an SLP in the Supreme Court.
The Supreme Court’s dismissal of the SLP on January 24, 2025, reaffirmed the High Court’s decision, setting a precedent for intellectual property compensation under the Atrocities Act.
Authorities Shield Police Personnel:
The investigation revealed that seven police personnel were involved in fabricating evidence and tampering with crucial documents. Although departmental inquiries found them guilty, they faced only minor punishments, such as withheld increments, without any criminal prosecution.
“We are demanding criminal action against the guilty officers under the Atrocities Act, but the state continues to shield them,” Das asserted.
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 the Action Taken Report. The couple’s relentless legal battle underscores their determination to seek justice and set 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.
The case stands as a milestone in Indian legal history, paving the way for future cases involving intellectual property loss and caste-based discrimination.
