In a historic legal battle, a Dalit couple from Nagpur, Dr. Kshipra Kamlesh Uke and Dr. Shiv Shankar Das, secured a significant victory after the Supreme Court of India upheld a Bombay High Court ruling directing the Maharashtra government to compensate them for the theft and loss of their intellectual property. The judgment, delivered on January 24, 2025, set a precedent by recognizing intellectual property as a compensable asset under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The couple’s ordeal began on September 8, 2018, when their rented home in Laxmi Nagar, located near Deekshabhoomi in Nagpur, was raided in their absence. The raid, allegedly orchestrated by their landlord in collusion with corrupt police officials, led to the theft of critical research data, academic certificates, and survey samples, representing years of work. Despite approaching the Bajaj Nagar police station, their initial complaint was dismissed, and police personnel were later found complicit in fabricating evidence and tampering with crucial documents.
Dr. Kshipra and Dr. Das, who had no prior legal background, took on the monumental task of representing themselves in court after losing faith in lawyers. They meticulously studied legal provisions and framed arguments to substantiate their demand for compensation for the loss of intellectual property. They quantified their losses at ₹127.55 crore as intrinsic value and ₹3.91 crore as extrinsic value, highlighting the severe personal and financial hardships they faced, including the loss of employment and disruption of their research work.
The Bombay High Court, in its November 10, 2023 judgment, partially allowed their petition and directed the Maharashtra government to compensate them. However, the state government challenged the decision in the Supreme Court through a Special Leave Petition (SLP), arguing that intellectual property loss did not qualify for compensation under the SC/ST Act.
The Supreme Court bench, comprising Justice B.V. Nagarathna and Justice Satish Chandra Sharma, dismissed the SLP, upholding the High Court’s ruling. “We have heard learned counsel for the petitioner at length. We do not find any merit in the Special Leave Petition. Hence, the SLP is dismissed,” the court noted.
The couple’s legal journey also highlighted caste-based discrimination they faced while living in a Brahmin-dominated locality in Nagpur. Their involvement in political activism, including leading a massive protest against the Rashtriya Swayamsevak Sangh (RSS) following the death of Dalit scholar Rohith Vemula, further fueled hostility from their neighbors and allegedly contributed to their eviction and subsequent ordeal.
Despite the Maharashtra government’s attempts to protect errant police personnel involved in the case, departmental inquiries revealed the complicity of seven officers. However, instead of facing prosecution, they received minor punishments, such as withheld increments. Dr. Kshipra and Dr. Das continue to demand criminal action against the officers under the SC/ST Act.
The landmark judgment has set a legal precedent by recognizing intellectual property as a form of movable property under the SC/ST (Prevention of Atrocities) Act, 1989. The couple hopes that their victory will pave the way for stronger legal protections for marginalized communities and intellectual property rights in India.