Fast Track Special Courts in India

The fast-track judicial system has gained significant traction in India, particularly in cases related to sexual offences. Given the alarming rise in crimes such as rape and child abuse, and the prolonged trials that often accompany them, the government has taken substantial steps to ensure that justice is not delayed for the victims. 

The establishment of Fast Track Special Courts (FTSCs) is a response to these concerns, aimed at providing speedy justice and tackling the long backlog of sexual offence cases. In this article, we will explore the functioning of FTSCs, their impact, challenges, and the way forward for ensuring timely justice for the victims of sexual violence in India.

What are Fast Track Special Courts?

The notion of Fast Track Special Courts (FTSCs) was conceived to address the growing issue of delayed justice in cases of sexual crimes, particularly under the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code (IPC). In the face of an alarming rise in cases of rape and child abuse, coupled with the protracted and delayed judicial processes, the need for a dedicated mechanism to expedite the trial process became evident.

In 2019, the Indian government, recognising the urgency of the issue, decided to implement a Centrally Sponsored Scheme to establish FTSCs. The scheme was designed to facilitate the expeditious trial of sexual offences, offering a focused and fast-paced approach to justice, which would help reduce the delays in regular courts. The scheme became operational in October 2019 under the aegis of the Ministry of Law and Justice, with the Department of Justice entrusted with the responsibility of implementing it.

Structure and Functioning of Fast Track Special Courts

The operationalisation of fast track special courts is a collaborative effort between the central and state governments. As per the scheme, each fast track special court consists of one judicial officer and seven staff members who are dedicated to handling sexual offence cases, specifically cases related to rape and child abuse. The scheme also includes exclusive POCSO courts (e-POCSO) that deal with cases involving minors, aiming to provide a more child-friendly environment for victims and ensuring that sensitive cases are handled with the utmost care and urgency.

As of December 2024, fast track special courts are operational in 30 states and union territories across India, with a total of 747 courts, including 406 exclusive e-POCSO courts. The judicial officers and staff in these courts are specifically trained to handle sexual offence cases and provide a victim-centric approach that prioritises the rights and dignity of the survivors.

Funding and Financial Framework

The establishment and functioning of fast track special courts require substantial financial investment, and the Indian government has committed significant resources to ensure the success of this initiative. Initially, the scheme was launched with a budget of Rs. 767.25 crore for the financial years 2019-20 and 2020-21, with a central share of Rs. 474 crore allocated from the Nirbhaya Fund. This funding aimed to provide the necessary infrastructure, equipment, and resources to ensure the effective functioning of FTSCs.

The scheme was extended in 2023 for another three years, from 01 April 2023 to 31 March 2026, with an increased budget of Rs. 1952.23 crore. The central share allocated for this period stands at Rs. 1207.24 crore. These funds are distributed to states and union territories to ensure that the courts have the necessary infrastructure, staff, and operational costs covered.

For instance, in the financial year 2023-24, Rs. 200 crore was allocated for the scheme, out of which Rs. 173.59 crore has already been released as the central share. The consistent release of funds ensures that the courts can continue functioning efficiently and resolve cases promptly.

Achievements of Fast Track Special Courts

The establishment of fast track special courts has proven to be a significant step forward in providing justice to victims of sexual offences in India. The key achievements of the scheme include:

Case Resolution

As of December 2024, fast track special courts have disposed of over 299,000 pending cases of rape and sexual abuse, significantly reducing the backlog of such cases in the judicial system. This has resulted in a faster resolution of cases, offering victims much-needed closure.

Wider Reach

FTSCs have been set up in 30 states and union territories, ensuring that even remote areas, where access to justice might have been limited, are not left behind. In fact, the scheme aims to provide timely justice, even in areas that are geographically far-flung and difficult to access.

Specialised Courts for Children

With the inclusion of exclusive POCSO courts, India has made significant strides in creating a safer and more supportive environment for child victims of sexual crimes. These courts are designed to handle cases involving minors with greater sensitivity and care, ensuring that the child’s needs and rights are given priority.

Challenges Facing FTSCs

While the fast track special court scheme has proven to be beneficial in addressing the backlog of sexual offence cases, there are several challenges that remain:

1. Inadequate Infrastructure: Many fast track special courts suffer from inadequate infrastructure and are often housed in existing court buildings rather than newly constructed facilities. This leads to overcrowding and inefficiency, as the judicial officers are often tasked with handling cases outside of their designated responsibilities. In addition, the shortage of support staff in some fast track special courts hampers their ability to process cases quickly.
2. High Pendency of Cases: Despite the significant number of cases resolved, the pendency rate remains high. As of January 2023, there were over 2.43 lakh pending POCSO cases across various FTSCs. In some states like Delhi, Uttar Pradesh, and Bihar, it is estimated that it may take decades to clear the backlog, with trial durations projected to last between 21 to 30 years.
3. Low Conviction Rates: One of the most concerning issues is the low conviction rate in sexual offence cases. Although fast track special courts are designed to complete trials within a year, the low conviction rate suggests that there are issues with the quality of investigations and judicial processes. As of the latest reports, out of the 2,68,038 cases under trial, only 8,909 resulted in convictions. This raises concerns about the effectiveness of the fast track special courts in securing justice for victims.
4. Vacancies and Lack of Specialized Training:  A significant number of vacancies in judicial positions have impacted the functioning of FTSCs. Many regular judges are deputed to FTSCs, but there is a pressing need for judges with specialised training to handle such sensitive cases. The lack of adequate training for judicial officers and staff results in delays and inefficiencies in the judicial process.  
5. Limited Jurisdiction:  Fast track special courts are designated to handle specific categories of sexual offences. However, this restricted jurisdiction sometimes limits their ability to address related cases or transfer them to appropriate courts. This results in further delays and complications in the justice delivery system.
   

Initiatives to Curb Women and Child Abuse

Alongside the establishment of FTSCs, the government has launched several initiatives to combat women and child abuse and prevent sexual offences. Some of the key initiatives include:

1. Beti Bachao Beti Padhao:  This initiative aims to promote gender equality and empower women by addressing the issue of female foeticide, promoting the education of girls, and ensuring their safety.
2. Juvenile Justice (Care and Protection of Children) Act, 2015:  This Act seeks to protect children from all forms of abuse and exploitation, ensuring that they receive proper care, protection, and rehabilitation.
3. Child Marriage Prohibition Act (2006) and Child Labour Prohibition Act (2016):  These Acts work towards eliminating child marriages and child labour, which often contribute to the vulnerability of children to sexual exploitation and abuse.
   

Conclusion

Fast Track Special Courts have proven to be an important tool in addressing the backlog of sexual offence cases in India and ensuring timely justice for victims. While significant progress has been made, the challenges faced by these courts must not be overlooked. By addressing issues related to infrastructure, training, vacancies, and case management, the fast track special court system can become more effective and play a crucial role in the fight against sexual violence in India.