In a notable decision, the Supreme Court of India has reaffirmed that intellectual property theft involving Dalit individuals can be prosecuted under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The ruling came in the case of Principal Secretary Government of Maharashtra & Anr. v. Kshipra Kamlesh Uke & Ors. (Special Leave Petition (Criminal) Diary No. 49832/2024), where the apex court upheld the Bombay High Court’s judgment granting relief to Dalit researchers whose work was allegedly misappropriated.
Background of the Case
The case originated from a petition filed by Kshipra Kamlesh Uke, a Dalit researcher, against the alleged intellectual property theft of her work. Uke had approached the Bombay High Court, arguing that the misappropriation of her research work was not just an act of plagiarism but also an atrocity under the SC/ST Act, as it was intended to suppress and exploit her as a member of a marginalized community.
The Bombay High Court, in its order dated November 10, 2023, ruled in favor of Uke, stating that the misappropriation of intellectual property involving Dalit scholars could amount to an atrocity under the SC/ST Act. The Government of Maharashtra challenged this verdict before the Supreme Court.
Legal Issues Involved
The case raised critical legal questions, including:
1. Whether intellectual property theft can be classified as an offense under the SC/ST Act – The core argument revolved around whether the theft of a Dalit researcher’s work constituted a form of exploitation and humiliation under the Act.
2. The scope of protection under the SC/ST Act – The case examined whether the Act covers academic and professional injustices beyond physical and verbal discrimination.
3. The role of state authorities in protecting Dalit researchers from exploitation – The petition also highlighted the need for proactive measures to safeguard the intellectual contributions of marginalized communities.
Supreme Court’s Decision
A division bench comprising Justice B.V. Nagarathna and Justice Satish Chandra Sharma dismissed the special leave petition filed by the Maharashtra government, affirming the High Court’s ruling. The court observed:
“The misappropriation of the intellectual contributions of a marginalized individual, particularly when it is done with the intent of denying them due credit and professional advancement, falls within the ambit of discrimination and exploitation under the SC/ST Act.”
The bench further noted that the law must evolve to recognize new forms of discrimination and oppression, especially in the academic and professional domains, where Dalit researchers often face systemic barriers.
Arguments by the Parties
– For the Petitioner (Government of Maharashtra): Advocate Siddharth Dharmadhikari, along with Aaditya Aniruddha Pande and Bharat Bagla, argued that intellectual property theft should be addressed under conventional laws such as the Copyright Act and the Indian Penal Code, rather than under the SC/ST Act. They contended that extending the SC/ST Act to cover such cases would open the floodgates for misuse.
– For the Respondent (Kshipra Kamlesh Uke): The legal representatives emphasized that the theft of research work was not merely an infringement of copyright but an act of systemic discrimination aimed at suppressing Dalit scholars’ voices and contributions.
