The Fast Track Special Courts (FTSCs), launched in October 2019, are a crucial part of India’s justice system that primarily focuses on sexual offenses. The Union Cabinet has recently extended the operation of these courts for another three years, prolonging their lifespan until 2026. FTSCs were created to expedite the trial process for cases associated with sexual offenses.
About Fast Track Special Courts
FTSCs are specialized courts established with the primary aim of speeding up trials related to sexual offenses, including violations under the Protection of Children from Sexual Offenses Act (POCSO Act). The alarming frequency of such offenses and subsequent delayed delivery of justice due to prolonged trials necessitated the inception of these dedicated courts.
Following the introduction of stricter punishments via the Criminal Law (Amendment) Act in 2018, including the death penalty for rape offenders, the government set up these courts. It was a Centrally Sponsored Scheme initiated in August 2019.
The Department of Justice, under the Ministry of Law & Justice, oversees the implementation of the FTSCs. To date, thirty States/Union Territories have joined the scheme, resulting in the operationalization of 761 FTSCs, including 414 exclusive POCSO Courts. These courts have resolved over 1,95,000 cases, supporting State/UT Government efforts to offer timely justice to victims of sexual offenses.
Challenges Hindering the Effectiveness of FTSCs
Despite their essential role, FTSCs face several challenges limiting their effectiveness. One major hurdle is inadequate infrastructure and a low disposal rate, partly due to judges being overburdened with multiple categories of cases without adequate support staff or resources.
Currently, the estimated target of resolving around 165 POCSO cases annually per court is significantly unmet, with each FTSC clearing only an average of 28 cases yearly. As of 31st January 2023, over 2.43 lakh POCSO cases were pending trial in FTSCs. Backlogs in states such as Arunachal Pradesh, Delhi, Bihar, West Bengal, Uttar Pradesh, and Meghalaya may take several decades to clear.
Conviction Rates and Limited Jurisdiction
Despite the intention to complete trials within a year, FTSCs are grappling with low conviction rates. Out of 2,68,038 cases under trial, only 8,909 have resulted in convictions, questioning the effectiveness of these courts.
Another challenge is their limited jurisdiction, which can restrict their ability to handle related cases, leading to inconsistent application of laws and delayed justice delivery.
Judicial Vacancies and Need for Specialized Training
Vacancies also plague these courts – lower courts across India had a vacancy rate of 23% as of 2022. Regular judges from normal courts are often deputed to work in FTSCs without the specialized training required to handle cases quickly and effectively.
Ad-hoc Prioritization of Offenses
The determination of special courts in India often stems from ad-hoc decisions made by both the judicial and executive branches of government, resulting in arbitrary prioritization of certain offenses over others for faster disposal.
Initiatives and Measures Against Child and Women Abuse
Several initiatives have been launched to curb women and child abuse in India. These include the Child Abuse Prevention and Investigation Unit, Beti Bachao Beti Padhao, The Juvenile Justice (Care and Protection of Children) Act, 2015, Child Marriage Prohibition Act (2006), and the Child Labour Prohibition and Regulation Act, 2016.
Improving the FTSCs: The Way Forward
Multiple measures can be taken to enhance the performance of FTSCs. Adequate infrastructure, including courtrooms, modern technology and support staff, must be provided. Additional funding for the establishment and upkeep of these specialized courts is crucial.
To enhance the disposal rate, FTSCs should focus on strict case management, reducing unnecessary delays caused by adjournments, and ensuring timely presentation of evidence. Specialized training for judges and support staff could streamline procedures and enhance proceedings speed. Filling vacancies promptly and ensuring that judges with relevant expertise are assigned to these courts will also contribute positively.