India’s fast-track courts, set up for the speedy disposal of serious criminal cases, are under scrutiny for their effectiveness. However, despite the initial trend, the number of functional courts has come down.
Note:
Trend of number of fast-track courts:
Between 2018 and 2020, India saw a significant increase in the number of fast-track courts, from 699 to 907, largely due to public outcry over delays in high-profile cases.
Although this progress has slowed down since the year 2020, the number of functional courts has reduced to 832 in the year 2023, reflecting the various challenges faced by the States in maintaining these courts due to financial and administrative constraints.
Inequalities in the availability of fast-track courts:
States like Uttar Pradesh, Maharashtra and Tamil Nadu have maintained a high number of functional fast-track courts, while other States have very few or in some cases not even one.
These disparities reflect local resource limitations, different levels of priority, and differing administrative capabilities.
FTSC:
FTSCs are judicial bodies established in India to speed up trial of cases relating to sexual offences, particularly rape and the Protection of Children from Sexual Offences Act (POCSO Act).
Establishment:
The Central Government passed the Criminal Law (Amendment) Act in 2018, providing for stringent punishment, including death penalty, for perpetrators of rape. Thereafter, FTSC was set up to facilitate speedy adjudication of such cases.
As per the directions of the Supreme Court of India, the initiative to set up FTSC was formalized in August 2019 as a Centrally Sponsored Scheme.
Due to the installation of FTSC:
The FTSC was set up due to the maximum increase in sexual crimes and the long duration of trials in traditional courts leading to significant delays in justice delivery to victims.
Extension of FTSC:
The FTSC scheme, which was originally launched in 2019 for one year, has been extended by the Union Cabinet for an additional three years from 2023 to 2026.
POCSO Act:
The purpose of this law is to address the crimes of sexual abuse and sexual assault of children. The Act defines a child as any person below the age of 18 years.
It was enacted because of India’s ratification of the United Nations Convention on the Rights of the Child in 1992.
Features:
Gender-neutral nature:
As per the Act, both boys and girls can be victims of sexual abuse, and such abuse is an offence irrespective of the gender of the victim.
Confidentiality of the victim’s identity:
Section 23 of the POCSO Act, 2012 provides that the identity of child victims should be kept confidential.
Media reports cannot provide any details revealing the identity of the victim, such as her name, address and family information.
Compulsory reporting in cases of sexual abuse of minors:
Sections 19 to 22 oblige persons who have knowledge of or reasonable suspicion of such offences to report them to the relevant authorities.
What are the challenges faced by the FTSC:
Lack of Infrastructure:
Fast-track courts often function with inadequate facilities, lacking necessary resources like modern technology and adequate space to efficiently handle the load of litigation.
Judicial Surcharge:
Despite their purpose, fast-track courts often face a plethora of cases resulting in delays, which is contrary to their fundamental purpose of speedy justice.
Incompatible implementation:
Establishment and functioning of fast-track courts may vary from state to state, resulting in unequal access to justice and inconsistent application of legal standards.
Quality of Judicial Personnel:
Recruitment and training of judges and support staff may not always conform to the specific requirements of fast-track courts, affecting the quality of judicial decision-making.
Limited public awareness:
There is a lack of awareness among the public regarding the functions and procedures of fast-track courts, which may hinder their effectiveness and accessibility.
Solution:
The development of infrastructure:
Invest in modernisation and expansion of court infrastructure to ensure that fast-track courts can handle the burden of litigation.
A comprehensive training program:
Implementing targeted training programmes for judges and support staff to enhance their skills, with a focus on the complexities of cases usually dealt with by fast-track courts, such as sensitive issues.
Streamlined judicial processes:
Establishing clear procedural guidelines and best practices to ensure efficiency while maintaining the integrity of the judicial process, facilitating speedy resolution without compromising on fairness.
Public awareness campaign:
Initiate initiatives to educate the public about the functions, procedures and benefits of fast-track courts, thereby promoting greater community participation and trust in the judicial system.
Legislative Reforms:
Advocating amendments to existing laws to meet the specific operational requirements of fast-track courts and ensuring that procedural frameworks are aligned with their objectives.
