Swift Justice, Safer Society: The Impact Of Fast Track Special Courts

THE CONTEXT: Fast Track Special Courts (FTSCs) have emerged as a pivotal mechanism to expedite justice in cases of rape and offenses under the Protection of Children from Sexual Offenses (POCSO) Act. Instituted under the Criminal Law (Amendment) Act, 2018, FTSCs aim to address systemic delays in the judicial process, ensuring swift legal proceedings and reducing the trauma faced by survivors of sexual crimes. Their establishment reflects the government’s commitment to women’s safety and justice delivery.

KEY FEATURES OF FTSCS

Objective: To ensure time-bound disposal of cases related to rape and POCSO Act offenses.

1. 1. Operational Framework:

      • • Currently, 745 FTSCs, including 404 exclusive POCSO Courts, are functional across 30 States and Union Territories.
        • Each court is expected to dispose of at least 165 cases annually.

   2. Disposal Efficiency:

      • • As of 2024, FTSCs have resolved over 3,06,604 cases with an impressive disposal rate of 96.28%.
        • In 2024 alone, 88,902 new cases were instituted, while 85,595 cases were resolved.

   3. Financial Outlay:

      • • The scheme has been extended until March 2026 with a financial outlay of ₹1952.23 crore under the Nirbhaya Fund.
        • Cost-sharing follows a 60:40 ratio between the Central and State Governments (90:10 for Northeastern and hilly States).

NEED FOR FTSCS

1. 1. Case Backlogs:

      • • Despite strong legal frameworks like the POCSO Act and Criminal Procedure Code (CrPC), delays persist due to judicial resource constraints.
        • Over 2,03,157 cases remain pending in FTSCs as of the latest data.

   2. Supreme Court Directives:

      • • In Suo Motu Writ Petition (Criminal) No. 1/2019, the Supreme Court mandated speedy trials for POCSO Act offenses.

   3. Deterrence through Timely Justice:

      • • Harsh punishments can only create deterrence if trials are conducted expeditiously.

PROGRESS ACHIEVED

1. 1. Monthly Disposal Trends:

      • • Since April 2021, FTSCs have maintained consistent case disposal rates, peaking at over 7,000 cases per month in some periods.

   2. Child-Friendly Initiatives:

      • • Vulnerable Witness Deposition Centers (VWDCs) have been established to facilitate victim testimonies in a safe environment.

   3. Technological Advancements:

      • • Courts are being equipped with modern tools like audio-visual recording systems and digital case management.

THE CHALLENGES:

Judicial Manpower Shortages

• • • • Vacancies in Judiciary: As of 2024, there are over 5,600 judicial vacancies across all levels of courts in India, including 5,245 vacancies in district courts. This shortage affects FTSCs as judicial officers from regular courts are often given additional charge, leading to overburdened judges and slower disposal rates.
      • Impact on Case Disposal: FTSCs are mandated to dispose of 165 cases annually; however, many courts fall short due to insufficient manpower. For instance, Delhi’s FTSCs have a disposal rate of only 19%, one of the lowest in the country.

Inadequate Support Staff

• • • • Guidelines require seven support staff per FTSC, but many courts lack adequate personnel. This hampers operational efficiency and case processing speed.

Dilapidated Court Facilities

• • • • Existing Infrastructure: FTSCs often operate within existing court buildings rather than newly constructed facilities. A 2019 study revealed that only 59% of court complexes had basic amenities like first-aid kits, functional toilets, or ramps for accessibility.
      • Child-Friendly Facilities: Vulnerable Witness Deposition Centers (VWDCs), crucial for sensitive cases involving children and sexual assault survivors, are absent in 83.1% of district courts. Victims often wait in corridors due to the lack of designated victim rooms.

Technological Deficiencies

• • • • Many FTSCs lack modern technology such as video recording systems and digital case management tools. This limits their ability to streamline procedures and enhance efficiency.

Forensic Delays

• • • • Critical Role of Forensic Evidence: Forensic reports are vital for sexual offense cases but suffer from prolonged delays due to staff shortages and outdated equipment in forensic labs. In Maharashtra alone, 447 out of 1,463 sanctioned posts in forensic labs remain vacant.

Low Conviction Rates

• • • • Out of 2,68,038 cases under trial in FTSCs as of recent data, only 8,909 resulted in convictions—a mere 3% conviction rate. This raises concerns about the quality of investigations and judicial processes.

Backlog Statistics

• • • • Despite resolving over 3 lakh cases since inception, pendency remains high at over 2 lakh cases across FTSCs. States like Bihar and Uttar Pradesh face projected trial durations ranging between 21 to 30 years due to overwhelming backlogs.

Jurisdictional Limitations

• • • • FTSCs are restricted to specific categories like rape and POCSO offenses. This limited jurisdiction often results in delays when related cases cannot be addressed or transferred efficiently.

Inadequate Budget Allocation

• • • • The annual financial outlay for FTSCs translates to ₹75 lakh per court per year—a sum that barely covers operational costs as per guidelines. Flexi-grants for daily expenses are insufficient for infrastructural upgrades or child-friendly adaptations.

Legislative Ambiguity

• • • • The absence of clear legal guidelines on the scope and functioning of FTSCs creates operational inconsistencies. For example:
        • Section 35 of the POCSO Act mandates disposal within a year “as far as possible,” but FTSCs take an average of 509 days per case.

THE WAY FORWARD:

Increase Judicial Manpower

• • • • All India Judicial Services (AIJS): Implement AIJS to streamline the recruitment of judges and ensure uniform standards of judicial expertise across states. This will help fill vacancies in FTSCs and regular courts.
      • Specialized Training: Appoint judges with expertise in handling sensitive cases under the POCSO Act and rape offenses. Sensitization training programs should be mandatory for judicial officers to handle cases empathetically.

• • • • Optimize Support Staff Allocation: Ensure each FTSC is equipped with adequate support staff (seven per court as mandated by the scheme). States must utilize flexi-grants effectively to hire and train personnel.

Expand Forensic Labs

• • • • Budgetary Allocation: The Union Budget 2025-26 increased funding for forensic modernization from ₹150 crore to ₹500 crore, reflecting the government’s commitment to scientific investigations.
      • DNA Analysis Capacity: Establish regional forensic labs equipped with advanced DNA testing facilities. For example, the e-Forensics platform launched by the Ministry of Home Affairs connects 117 forensic labs nationwide, reducing delays in evidence processing.

• • • • Train Forensic Experts: Develop specialized training programs for forensic scientists and lab technicians to ensure timely submission of reports. This will enhance conviction rates and reduce wrongful acquittals.

Leverage Artificial Intelligence (AI):

• • • • Integrate AI-driven tools under the e-Courts Phase III project for intelligent case management, legal research, and digital evidence handling. AI can help streamline workflows, reduce human error, and expedite trials.

Upgrade Courtroom Technology:

• • • • Equip courtrooms with audio-video recording systems, LCD projectors, and electronic case filing systems. This will ensure transparency and efficiency in proceedings.

Establish Vulnerable Witness Deposition Centers (VWDCs)

• • • • VWDCs should be set up in every district to facilitate child-friendly trial procedures. These centers should include separate waiting areas for victims, video conferencing facilities, and private rooms for testimony recording.

Appoint Child Psychologists

• • • • Deploy child psychologists in FTSCs to assist victims during pre-trial and trial stages. This will help mitigate trauma and ensure victims are emotionally prepared to testify.
      • Example: The NCPCR has advocated for psychological support mechanisms in courts handling POCSO cases.

Utilize Nirbhaya Fund Effectively

• • • • As per reports, ₹1,700 crore remains unspent under the Nirbhaya Fund. States must expedite utilization by prioritizing infrastructure upgrades, victim support initiatives, and hiring specialized personnel.

THE CONCLUSION: Fast Track Special Courts have become an indispensable part of India’s judicial system by expediting justice delivery in heinous crime cases against women and children. While challenges like resource constraints persist, continuous reforms—such as infrastructural upgrades, technological integration, and capacity building—can further enhance their efficacy. The FTSC initiative not only reduces case backlogs but also reaffirms India’s commitment to protecting vulnerable groups through a responsive legal framework.

UPSC PAST YEAR QUESTION: Explain and distinguish between Lok Adalats and Arbitration Tribunals. Whether they entertain civil as well as criminal cases? 2024

MAINS PRACTICE QUESTION: Fast Track Special Courts (FTSCs) have been instrumental in expediting justice delivery in cases of sexual offenses. However, systemic challenges continue to hinder their effectiveness.” Discuss the role of FTSCs in addressing sexual crimes in India and suggest measures to enhance their efficiency.

SOURCE: https://pib.gov.in/PressReleasePage.aspx?PRID=2113344

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