Source: The Hindu

Introduction

Almost four and a half years after Fast Track Special Courts (FTSCs) were set up across the country to deal exclusively with sexual offences against children. The Special Courts have fallen short of their annual targeted disposal rate of 165 cases per year.

What is the History of FTSCs?

• To prevent crimes against women and children, stricter laws were introduced through the Criminal Law (Amendment) Act, 2018.
• The Supreme Court took up the issue of pending cases and passed several directions in July 2019, including one which called for establishing special courts in all the districts of the Country where more than 100 cases of Prevention of Children from Sexual Offences Act, 2012 (POCSO Act) were registered.
• To comply with the Supreme Court’s direction, the Centre launched the FTSCs in August 2019.

What are FTSCs?

• About:
  • FTSCs are specialized courts established in India with the primary aim of expediting the trial process for cases related to sexual offenses, particularly those involving rape and violations under the POCSO Act.
  • The establishment of FTSCs was prompted by the government's recognition of the alarming frequency of Sexual Offences and the prolonged duration of trials in regular courts, which resulted in delayed justice for victims.
• Establishment:
  • The Central Government enacted the Criminal Law (Amendment) Act in 2018, which introduced stricter punishments, including the death penalty for rape offenders.
  • Subsequently, the FTSCs were set up to ensure the swift dispensation of justice for such cases.
• Centrally Sponsored Scheme:
  • The scheme to establish FTSCs was formulated in August 2019 as a Centrally Sponsored Scheme following directions from the Supreme Court of India in a suo moto Writ Petition (Criminal).
• Ministry:
  • Implemented by the Department of Justice, Ministry of Law & Justice.

What are the Achievements of FTSCs?

• Thirty States/Union Territories have participated in the Scheme, operationalizing 761 FTSCs, including 414 exclusive POCSO Courts, which have resolved over 1,95,000 cases.
• These courts support State/UT Government efforts to provide timely justice to victims of sexual offenses. even in remote and far-flung areas.

What are the Challenges Faced by FTSCs?

• Inadequate Infrastructure
• Low Disposal Rate
• Prolonged Pendency
• Low conviction rate
• Limited Jurisdiction
• Prioritization of Certain Offences Over Others
• Overburdened Judges
• Lack of Training
• No clear Mandate

Way Forward

• Adequate infrastructure, including courtrooms, support staff, and modern technology, should be provided to FTSCs to ensure smooth and efficient operations.
• Additional funding should be allocated for the establishment and maintenance of these specialized courts.
• To enhance the disposal rate, FTSCs should focus on strict case management, reducing unnecessary delays caused by adjournments, and ensuring the timely presentation of evidence.
• Specialized training for judges and support staff can help streamline procedures and enhance the speed of proceedings.
• Efforts should be made to fill vacancies promptly and ensure that judges with relevant expertise are assigned to these courts.