Slow state response forces govt to reduce fast-track sex crime court goals

The initial plan projected the creation of 2,600 Fast Track Special Courts by 2026 but due to insufficient interest from states and a shortage of judges, the target has been reduced to 790

The Indian government has significantly scaled back its goal of establishing thousands of fast-track courts aimed at expediting the trial of sex crimes after several states, such as West Bengal, failed to meet targets, according to a report by Reuters. West Bengal recently faced national outrage following the brutal rape and murder of a doctor, which highlighted the shortcomings in the state’s judicial process.

Revised targets due to low state participation

The initial plan projected the creation of 2,600 Fast Track Special Courts (FTSCs) by 2026. However, due to insufficient interest from states and a shortage of judges, the target has been reduced to 790, as per the officials and a government document summarising progress on the project. As of August, only 752 FTSCs had been set up nationwide, according to publicly available data.

Some states, including West Bengal, were slow to join the initiative. Despite being given a target of 123 FTSCs by March 2021, Bengal only joined the program last year. Currently, only six tribunals are operational in the state, which has a backlog of approximately 48,600 cases involving rape and other sexual offences.

Initial push for fast-track courts

In 2019, Prime Minister Narendra Modi’s administration introduced fast-track special courts (FTSCs) to deal exclusively with sex crimes. This move followed a Supreme Court ruling that criticised state governments for their slow judicial processes, particularly in cases involving child victims. The court specifically mentioned Bengal and Uttar Pradesh for their delays in delivering justice.

While most sex crimes are handled by the overburdened state courts, the central government sought to incentivise states by covering 60 per cent of the costs to establish 1,023 FTSCs by March 2021. Each tribunal was to be staffed by one judicial officer and seven support personnel.

Delays and lack of resources blamed for shortfall

Reuters cited Siddhartha Kanjilal, a senior West Bengal judicial official, attributed the delays to a shortage of judges. He noted that the state, along with the Calcutta High Court, is working to appoint retired officials to these tribunals. “There have been delays, but we and the Calcutta High Court are addressing the issue,” Kanjilal stated.

The Indian law and justice ministry and the office of West Bengal Chief Minister Mamata Banerjee have not commented on the situation.

The revised target for West Bengal is now 17 FTSCs by 2026, according to government documents, including an August 30 summary on the status of FTSCs in the state.

Judicial backlog worsens

India’s judicial system is currently grappling with a backlog of tens of millions of cases. Government data shows that state courts are short by roughly 5,000 judicial officers, around 20 per cent of the total allocated. This shortage has led to significant delays in justice delivery.

Mixed results for fast-track courts

In 2022, FTSCs passed judgments on 83 per cent of cases on their docket, while the overall clearance rate for sex crime cases across all Indian courts was just 56 per cent. The targets for FTSCs were initially set by the federal law and justice ministry based on the number of pending cases in each state, with each tribunal expected to handle 165 cases annually.

Although there is no official data on how many FTSC cases are appealed, government officials noted that it is common for sentences to be contested. Nearly 42 per cent of the 1.7 million criminal cases pending in high courts are appeals.

Opposition-led states lag behind

Government data reveals that opposition-led states have generally been slower to establish FTSCs. In contrast, Uttar Pradesh and Rajasthan, both governed by Modi’s Bharatiya Janata Party (BJP), have met their targets.

Maharashtra, governed by a coalition that includes the BJP, has fallen short, establishing only 14 of its target of 138 FTSCs. Despite repeated requests from the central government, states like West Bengal have been slow to respond to the initiative.

An August 30 summary reported by Reuters indicated that the justice department had advised West Bengal to hire contractual staff to address the lack of workforce in December 2023. In 2021, then-law minister Kiren Rijiju had written to Chief Minister Banerjee, seeking her approval to establish FTSCs in the state, but no response was received.

While some opposition-led states have met their targets, others are reconsidering their involvement. Jharkhand, which met its goal of establishing 22 FTSCs, has informed the central government of its intention to exit the program. 

[With inputs from Reuters]