FAST TRACK SPECIAL COURTS SCHEME EXTENDED TILL 2031

Why In News?

The Union Cabinet approved continuing the Centrally Sponsored Scheme for Fast Track Special Courts (FTSCs), including exclusive POCSO courts.

What Are The Key Features Of The Extended Scheme?

Duration And Coverage

• Five-Year Extension: The scheme will run from 1 April 2026 to 31 March 2031.  

• More Courts: Courts will increase from 779 to 850 across 29 States and Union Territories.  

• Focus Districts: New courts will be set up in districts with high pendency of rape and POCSO cases. 

Funding

Court Structure

• Dedicated Staff: Each court will have a dedicated judicial officer, a Special Public Prosecutor and six support staff. 

• Current Status: Of the 779 functional courts, 399 are exclusive POCSO courts. (Source: PIB)

Performance So Far

• Cases Disposed: Since the scheme began, FTSCs have disposed of more than 4.02 lakh cases. (Source: PIB)

What Is The Background Of The FTSC Scheme?

Origin

• Launch: The scheme was launched on 2 October 2019.  

• Supreme Court Push: It followed a 2019 suo motu case in which the Supreme Court took note of the alarming rise in child rape cases and directed special courts for POCSO cases. 

• Legal Mandate: The Criminal Law (Amendment) Act, 2018 set strict timelines for investigation and trial of rape cases, which required dedicated courts.  

Implementation

• Nodal Department: The Department of Justice, Ministry of Law and Justice, implements the scheme.  

• Original Target: The scheme initially aimed to set up 1,023 FTSCs, including 389 exclusive POCSO courts.  

• Earlier Extensions: It was extended in 2021 and again in 2023, before the current extension to 2031. 

What Is The Legal Framework?

POCSO Act, 2012

• Definition Of Child: A child is any person below 18 years of age. 

• Special Courts: The Act requires designated Special Courts for speedy trial (Section 28). 

• Timelines: The child's evidence should be recorded within 30 days, and the trial should be completed within one year where possible (Section 35). 

• Child-Friendly Process: The Act provides for in-camera trials and protects the child's identity.  

Criminal Laws

• Bharatiya Nyaya Sanhita, 2023: It lays down punishment for rape, with stricter penalties, including death, for the rape of minors in aggravated cases. 

• Bharatiya Nagarik Suraksha Sanhita, 2023: It requires investigation of rape cases to be completed within two months.  

Nirbhaya Fund

• Set Up In 2013: The Nirbhaya Fund, created after the 2012 Delhi gang rape, finances projects for the safety of women. The Ministry of Women and Child Development is the nodal ministry for appraising projects.

Why Are Fast-Track Courts Needed?

Heavy Pendency

• Overburdened Courts: Regular courts handle huge caseloads, so rape and POCSO trials can drag on for years.  

• Justice Delayed: Long delays cause trauma to victims and weaken the deterrent effect of the law. 

Protecting Victims

• Reduced Trauma: Faster trials reduce the stress of repeated court appearances, especially for children.  

• Witness Protection: Quick trials lower the risk of witnesses being threatened or turning hostile. 

What Are The Key Challenges?

Infrastructure And Staffing Gaps

• Unfilled Posts: Vacancies of judges, prosecutors and staff slow down the functioning of FTSCs.  

• Shortfall From Target: Even now, functional courts (779) remain below the original target of 1,023. (Source: PIB)

Forensic Delays

• DNA Report Backlogs: Shortages in forensic science laboratories delay DNA and other reports, holding up trials.  

Low Conviction And Victim Support

• Weak Investigation: Poor evidence collection can lead to acquittals, even when trials are fast.  

• Limited Support Services: Victims often lack counselling, legal aid and compensation.  

Under-Use Of Funds

• Slow Utilisation: Parts of the Nirbhaya Fund have remained under-utilised by several States.  

What Is The Way Forward?

Strengthen Court Capacity

• Fill Vacancies: Appoint judges, prosecutors and staff on time. 

• Use Technology: Expand video-conferencing, e-filing and digital case management. 

• Example: e-Courts Mission Mode Project Phase III, approved in 2023 with an outlay of ₹7,210 crore, aims to digitise court records and expand virtual hearings, which can speed up trials. 

Child-Friendly Justice

• Safe Testimony: Create spaces where children can testify without facing the accused.  

• Example: In 2022, the Supreme Court directed all High Courts to set up Vulnerable Witness Deposition Centres, where children and other vulnerable witnesses can give evidence in a safe, supportive setting. 

Better Investigation And Support

• Forensic Capacity: Set up more forensic labs and DNA units to cut report delays. 

• Victim Support: Link FTSCs with One Stop Centres, legal aid and victim compensation schemes.  

Monitoring

• Track Outcomes: Monitor disposal rates, conviction rates and time taken, not just the number of courts.  

Conclusion

The extension and expansion of Fast Track Special Courts until 2031 reflects a sustained commitment to faster justice for women and children. Its success will depend on filling vacancies, clearing forensic backlogs and building child-friendly, victim-centred courts.

Source: THEHINDU