SC/ST Act to Include Intellectual Property:
In the Principal Secretary Government of Maharashtra v. Kshipra Kamlesh Uke Case, 2024, the Supreme Court upholds the Bombay High Court’s ruling, expanding the definition of “property” in the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to include intellectual property.
- The aggrieved sought compensation for the theft of their research data, laptops, and intellectual property under the provisions of the SC/ST Act, 1989.
- The Bombay High Court ruled that the term “property” should be interpreted broadly to include intellectual property such as data, electronic material, and intellectual rights, whether tangible or intangible.
- Patents, copyrights, and designs, are property, even though they lack physical existence, and are capable of being valued for compensation under the SC/ST Act, 1989.
- The SC/ST Act, 1989 defines specific offenses against SC/ST members, including physical violence, harassment, and social discrimination.
- The SC/ST Act, 1989, does not allow anticipatory bail, unless a prima facie case is made against the accused.
- It mandates special courts for swift trials and SC/ST Protection Cells at the state level, led by senior police officers, to oversee its implementation.
