Intellectual Property and the Atrocities Act: A Landmark Case

CASE: The Principal Secretary Government of Maharashtra & Anr. vs. Kshipra Kamlesh Uke & Ors. (2025)

WHAT HAPPENED?

Dr. Kshipra Kamlesh Uke and Dr. Shiv Shankar Das, a Dalit researcher couple from Nagpur, faced a tragic setback in 2018 when their landlord’s son allegedly broke into their home and stole their laptops. These devices contained invaluable research data, survey forms, and academic materials related to their self-funded project on Dr. B.R. Ambedkar’s political school. Despite receiving a favorable ruling from the Bombay High Court, authorities challenged their claim, asserting that intellectual property (IP) does not qualify as “property” under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

COURT’S DECISION

In November 2023, the Bombay High Court ruled that intellectual property is a valuable asset deserving of protection and compensation under the Atrocities Act. The Maharashtra government was instructed to compensate the couple with ₹127 crore. This significant decision was upheld by the Supreme Court in January 2025, further solidifying the legal standing of IP rights under the Act.

WHY IS THIS IMPORTANT?

• Legal Precedent: This case marks India’s first instance where intellectual property theft was addressed under the Atrocities Act.
• Safeguarding Marginalized Scholars: The ruling acknowledges the unique challenges faced by Dalit and tribal researchers in protecting their intellectual contributions.
• Recognition of Intellectual Property: The judgment affirms that research data, digital work, and academic materials hold the same legal value as physical property.

“Justice is the first condition of humanity.”