Supreme Court Ruling on Compensation for Intellectual Property Under SC/ST Act
The Supreme Court has upheld a decision by the Bombay High Court to award compensation to a Dalit couple for the theft of their intellectual property, broadening the interpretation of "property" under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Background
- The couple, Shiv Shankar Das and Kshipra Kamlesh Uke, both holding PhDs from Jawaharlal Nehru University (JNU), had their research data stolen from their home in Nagpur.
- The Maharashtra government opposed their plea for compensation, resulting in a legal challenge that led to the Supreme Court.
Legal Proceedings
- The couple alleged that their research data was taken by the son of their house owner, assisted by police, while they were away.
- They filed a complaint, and both the police and the National Commission for Scheduled Castes conducted investigations.
- They sought relief under Section 15A(11)(d) of the SC/ST Act, which involves compensation for "damage to property."
High Court Ruling
- The Bombay High Court ruled that "property" includes both tangible and intangible assets, such as intellectual property.
- The court emphasized that intellectual property, though intangible, holds value and justifies compensation under the Act.
Supreme Court Decision
- The Supreme Court dismissed the Maharashtra government's appeal, supporting the Bombay High Court's interpretation.
- The decision recognizes intellectual property within the purview of the Atrocities Act for the purpose of compensation.
Significance
- This ruling sets a precedent for the recognition of intellectual property rights under the SC/ST Act, allowing for compensation for damages to such properties.
- It emphasizes the inclusive interpretation of "property" to ensure the protection of rights beyond physical assets.
