Daily News Analysis

Fast Track Special Courts Scheme

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The Fast Track Special Courts (FTSCs) Scheme, which was introduced by the Ministry of Law & Justice under the Nirbhaya Fund, is an initiative aimed at expediting the trial of rape and child sexual abuse cases, particularly under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

Key Features of the Fast Track Special Courts Scheme

  • Centrally Sponsored Scheme: The FTSCs are funded by the Nirbhaya Fund, which was established to enhance women’s safety and support initiatives against gender-based violence.
  • Target for Disposal: Each FTSC is tasked with disposing of at least 165 cases annually. This sets a benchmark for the pace at which these courts must process cases.
  • Extension and Scope: The FTSC Scheme has been extended twice, and the latest extension is valid until March 31, 2026, aiming to establish 790 FTSCs across India. This reflects the government's commitment to addressing the backlog of cases and ensuring timely justice for victims.
  • Case Backlog: The Supreme Court of India directed in July 2019 that districts with over 100 pending POCSO cases should establish exclusive special courts for their speedy resolution. This directive was in response to the mounting backlog and the urgency to expedite these sensitive cases.
  • Timely Justice Mandate: The POCSO Act mandates that special courts must conclude trials within one year from the date of taking cognizance of the offense, emphasizing the importance of quick justice.

Challenges Faced by the Fast Track Special Courts

  1. Insufficient Number of FTSCs:
    • Operational FTSCs: As of June 2025, around 725 FTSCs (including 392 exclusive POCSO courts) are operational across 29 states and union territories. However, there is a significant gap, with only around 700 functional courts out of 1,023 sanctioned.
    • Backlog: Estimates suggest that 1,000 more FTSCs are needed to effectively clear the case backlog, which continues to grow, hindering the efficiency of the courts.
  2. Quality Concerns:
    • Political Gimmick Allegation: Critics argue that the concept of fast-tracking one case may delay the others, as it often involves reallocating the same judges to handle urgent cases, leading to inefficiency.
    • Overburdened Judges: Fast-tracking cases without increasing the number of judges can cause delays and affect the quality of justice.
  3. Lack of Specialized Support:
    • Victim-Friendly Facilities: Many FTSCs lack victim-friendly environments such as Vulnerable Witness Deposition Centers (VWDCs) for the sensitive recording of testimonies and the provision of female prosecutors or counselors to guide the victims through the legal process.
    • Child-Friendly Measures: Child victims often face trauma during trials. The absence of specialized support such as child psychologists or in-camera trials can hinder the effective delivery of justice.

Recent Performance and Impact

Despite these challenges, the FTSCs have made significant progress:

  • Disposal Rate: In 2024, the FTSCs achieved a 96% disposal rate, underscoring the impact of the scheme. However, the slow disposal rate (around 43% of cases disposed of as of June 2025) remains a concern, especially given the gravity of the crimes involved.
  • Victim Confidence: The slow disposal rate can undermine public confidence in the justice system’s ability to swiftly address rape and child sexual abuse cases. Timely justice is critical in such cases not only for victim rehabilitation but also for creating a deterrent effect.

Measures to Strengthen Fast Track Special Courts

  1. Judicial Improvements:
    • Specialized Judges: Appoint special judges specifically for POCSO and rape cases who are trained and sensitized to handle such sensitive matters.
    • Training for Judges and Prosecutors: Ensure all judges and public prosecutors, especially female prosecutors, undergo sensitization training on handling sexual abuse and gender-based violence cases.
  2. Victim Support Facilities:
    • Vulnerable Witness Deposition Centers (VWDCs): Establish VWDCs in all districts to ensure victims (especially children) can give their testimonies in a supportive, child-friendly environment, away from the pressures of the courtroom.
    • Child Psychologists and Support Staff: Deploy child psychologists in FTSCs to provide pre-trial and trial support to victims. This would help ease the emotional and psychological burden on victims during legal proceedings.
  3. Technological Upgrades:
    • Courtroom Technology: Upgrade courtrooms with audio-video recording systems, LCD projectors, and better IT systems for e-filing and digital records, which can help speed up the case resolution process.
    • Online Tracking Systems: Develop online systems that allow real-time tracking of cases, ensuring greater transparency and accountability.
  4. Forensic Strengthening:
    • Expanding Forensic Labs: Invest in expanding the capacity of forensic labs and ensuring timely DNA testing and other forensic reports, which are often crucial for resolving sexual abuse and rape cases swiftly.

Conclusion

While the Fast Track Special Courts Scheme has made substantial progress in addressing the backlog of rape and child sexual abuse cases, the slow disposal rate remains a significant challenge. The scheme’s effectiveness hinges on addressing infrastructure gaps, judicial overburden, and the lack of victim-friendly facilities. Strengthening these areas through judicial reforms, better support systems, and technological advancements will be crucial to ensuring the success of FTSCs in delivering timely justice for the victims of these grave crimes.

 

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