Intellectual property theft comes under SC/ST Act. Win for Dalit couple, SC junks Maharashtra appeal

The Supreme Court this month upheld the Bombay High Court’s decision to give an expansive meaning to the word “property” under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, by including intellectual property work, even in digital form, within its ambit.
The HC had interpreted the word “property” in the context of Section 15A of the SC/ST Act that entitles a member of the SC/ST community to compensation for loss or destruction of their property.
The broad interpretation to the term was delivered in a case filed by a Dalit couple, scholars from Jawaharlal Nehru University (JNU), who sought monetary compensation for the loss they suffered due to theft of their research work while they were living in Nagpur.
While allowing the couple’s claim, the HC had in November 2023 expanded the definition of “property” under Section 15A of the said Act to hold that it should encompass both tangible and intangible assets.
On 24 January, the Supreme Court dismissed an appeal filed against the HC order by the Maharashtra government. It had challenged the HC order on the ground of erroneous interpretation of law.
However, the SC bench of Justices B.V. Nagarathna and S.C. Sharma upheld the HC order. Notably, the state’s appeal was dismissed without even issuing notice to the Dalit couple, meaning that the court did not even find it a fit case to hear the other side.
“We have heard counsel for the petitioner (state) at length. We do not find any merit in the special petition (appeal). Therefore, the special leave petition is dismissed,” says the SC order uploaded on the court website this week.

The apex court order marks a decisive moment for members of the SC/ST community, as it extends legal protection to their intellectual and creative pursuits that lack a physical existence but are nonetheless valuable. By upholding the HC order, the SC has also imposed an additional obligation on the state to provide relief in case such work related to the profession of an SC/ST community member is stolen or damaged.