Context: Recently, the Supreme Court has held that intellectual property theft comes under the ambit of SC/ST Act.
Relevance of the Topic: Prelims: Definition of property under the SC/ST Act; Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
Key points:
- A Dalit researcher from Maharashtra sought relief for intellectual property damage, under Section 15A(11)(d) of the SC/ST Act.
- This provision charges the state with the duty to provide relief in respect of death or injury or “damage to property”.
Observations of Court
- The SC observed that "property" under the SC/ST Act, include both tangible and as well as intangible assets, such as:
- intellectual property (patents, copyright)
- digital data
- electronic material
Impact of the Judgment:
- Intellectual property is now recognised as "property" under the SC/ST Act for compensation purposes, thus making such property eligible for protection and compensation under the Act.
- It will also strengthen legal protections for researchers, scholars, and marginalised groups against intellectual property theft.
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989:
- The SC/ST (Prevention of Atrocities) Act, 1989 aims to prevent atrocities and hate crimes against the scheduled castes and scheduled tribes.
- The SC/ST (PoA) Rules, 1995 are framed to effectively implement the provisions of the Act.
Key Provisions of the SC/ST Act:
- It defines specific crimes against SC/ST as atrocities, including physical violence, harassment, social discrimination, bonded labour, arson, denial of land rights, intentional casteist slurs in public view, forcible removal of clothes etc.
- It specifies delineation of Identified Areas (Atrocity Prone Areas) SC/ST are vulnerable to being subjected to atrocities, and adoption of necessary measures to ensure their safety.
- It prohibits the commission of offences against SC/ST and establishes special courts (in each district) for speedy trial of such offences and the rehabilitation of victims.
- It does not allow anticipatory bail, unless a prima facie case is made against the accused.
- The offences under the Act must be investigated by an officer of the rank of DSP (Deputy Superintendent of Police) or above. The investigation must be completed within 30 days, and the report should be sent directly to the DSP.
- This Act does not apply to crimes committed between SCs and STs or between STs and SCs.
- The minimum imprisonment shall not be less than six months, and the maximum punishment varies from case to case, could be fine, life imprisonment and even death.
Key facts:
- The primary responsibility for implementation of the SC/ST Act rests with the State Governments/UT Administrations. States/UTs are provided due central assistance for effective implementation of the provisions of the Act.
- SC/ST (PoA) Rules, 1995 require the State Government to set up a SC/ST Protection Cell, at the State headquarters, under the charge of a DGP, ADGP/IGP.
- National Helpline against Atrocities (NHAA) on SC/ST is launched by the Department of Social Justice & Empowerment to generate awareness about the provisions of the Law.
- As per Article 17 of the Indian Constitution, untouchability and all similar practices are forbidden.