Tackling the lengthy court proceedings that often result in delaying justice, the Indian Government initiated a scheme known as Fast Track Special Courts (FTSCs). Initially recommended by the Eleventh Finance Commission in the year 2000, the FTSCs aimed at significantly reducing, if not entirely eliminating, the backlog of cases in district and subordinate courts over a span of five years. Post this recommendation, the Centre created 1,734 additional courts in various states for a period of five years.
However, in 2011, the central government ceased funding these fast-track courts. But, the December 2012 gang rape and murder case led to an upsurge, resulting in the establishment of the ‘Nirbhaya Fund’, amendment of the Juvenile Justice Act, 2015, and introduction of fast-track Mahila Courts. Consequently, other states like Uttar Pradesh, Jammu and Kashmir, Bihar, etc., followed suit and established FTCs particularly to handle rape cases.
About Fast Track Special Courts (FTSCs)
The focal point of FTSCs is to ensure swift dispensation of justice. Compared to regular courts, these courts have a higher clearance rate and conduct speedy trials. In 2019, the government green-lighted a scheme to establish 1,023 FTSCs nationwide for the quick disposal of pending rape cases under the Indian Penal Code (IPC) and crimes under the Protection of Children from Sexual Offenses (POCSO) Act. As of June 2023, these dedicated special courts have successfully cleared over 1.74 lakh rape and POCSO cases, showcasing their impact in delivering justice promptly.
Currently, there are 763 functional FTSCs across 29 States and Union Territories, with 412 of them classified as exclusive POCSO Courts.
Challenges Faced by Fast Track Special Courts
Despite their effectiveness, these courts face challenges such as inadequate infrastructure and a low disposal rate. The original problem lies in the appointment of overburdened judges who are tasked with other types of cases apart from their existing workload without proper support staff or required infrastructure, thereby slowing down the disposal rate.
According to statistics from the Ministry of Law and Justice till May 2023, Delhi’s FTSCs have a dismal disposal rate of only 19%, ranking them among the lowest in the country.
FTSCs are established with specific jurisdiction, limiting their ability to manage related cases. This can lead to inconsistent application of laws and delays in justice delivery. In an ideal situation, these special courts should dispose cases within a year. However, by May 2023, Delhi had disposed only 1,049 out of a total of 4,369 pending cases, indicating a significant lag in achieving this target.
Vacancies and lack of training are other impediments that affect the capacity of these courts. Furthermore, the fact that certain types of offenses are given priority over others for faster disposal due to ad-hoc decisions made by both the judicial and executive branches of government poses a significant challenge.
Initiatives to Curb Women and Child Abuse
To combat women and child abuse, the government has put forth several initiatives including the Child Abuse Prevention and Investigation Unit, Beti Bachao Beti Padhao initiative, the Juvenile Justice (Care and Protection of Children) Act, 2015, the Child Marriage Prohibition Act (2006), and the Child Labour Prohibition and Regulation Act, 2016.
Way Forward
To overcome the aforementioned challenges, it is crucial to provide FTSCs with adequate infrastructure, support staff, and modern technology. Judges assigned to FTSCs should be provided with specialized training, and efforts must be made to fill vacancies promptly.
To enhance the disposal rate, focus should be on strict case management, reducing unnecessary delays caused by adjournments, and ensuring the timely presentation of evidence. Allocating additional funding for the establishment and maintenance of these courts can help streamline procedures, enhance the speed of proceedings, and ultimately deliver justice swiftly.
