Fast track courts dispose 94% cases of sexual offences in 2023: Report

A recent report by the child rights NGO, India Child Protection, highlights the exceptional efficiency of these courts. Despite positive impact of FTSCs, report paints a stark picture of judiciary

Fast Track Special Courts which specialise in expediting the trial process for cases related to sexual offences disposed of 83 per cent cases in 2022 and 94 per cent in 2023 while all Indian courts saw only a 10 per cent disposal rate, according to a new report.

A recent report, 'Fast Tracking Justice: Role of Fast Track Special Courts in Reducing Case Backlogs' by the child rights NGO, India Child Protection, highlights the exceptional efficiency of these courts.

While all Indian courts saw only a 10 per cent disposal rate for rape and POCSO (Protection of Children from Sexual Offences) cases in 2022, FTSCs managed an impressive 83 per cent rate, which further improved to 94 per cent in 2023, according to the report.

 

Despite the positive impact of FTSCs, the report paints a stark picture of the judicial system's challenges.

As of August 2024, a total of 755 FTSCs, including 410 exclusive POCSO courts, are functional out of the 1023 earmarked courts, it said.

In total, 4,16,638 rape and POCSO cases have been instituted in FTSCs since the inception of the Scheme and these courts have disposed of 52 per cent of the cases filed since their inception in 2018, according to the report.

A total of 2,14,463 out of 4,16,638 cases were disposed since the initiation of the FTSC Scheme, it said.

Maharashtra (80 per cent) and Punjab (71 per cent) have recorded a high rate of disposal of cases, which is well above the national average (52 per cent). West Bengal has recorded the lowest rate of disposal (2 per cent) among all states and union territories, the report said

It is also due to the fact that the state has made functional only three out of 123 earmarked FTSCs, the study pointed out.

In 2023 alone, 81,471 new rape and POCSO cases were instituted, of which a total of 76,319 cases were disposed by FTSCs, the report said.

While the same cases may not have been disposed, this number -- 76,319 out of 81,471 -- is staggering and shows an impressive disposal performance at the rate of 94 per cent, it said.

In stark contrast with the FTSCs, the disposal rates of rape and POCSO cases across all courts in the country were alarmingly low, with only 10 per cent of cases being disposed in 2022.

The report stressed on the need for urgent action, stating that to eliminate the current backlog by December 2023, courts would need to resolve one rape or POCSO case every three minutes.

"If this pace is not achieved, and additional FTSCs are not established, the country may never overcome the growing backlog of over 200,000 cases," it said.

The report urges the government to make the remaining FTSCs functional and calls for the establishment of 1,000 additional courts to clear the mounting backlog. It notes that the unutilised INR 1,700 crore from the Nirbhaya Fund could support these new courts for at least two years.

Bhuwan Ribhu, child rights activist and founder of Child Marriage Free India, said it is very important to address the backlog swiftly.

"This is the moment to ensure justice for women and children by creating 1,000 new FTSCs and providing time-bound trials across all courts, including High Courts and the Supreme Court," Ribhu said.

The report also stresses the need for stricter adherence to legal guidelines, particularly Sections 289 and 359 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), which prohibit plea bargaining and compromise in rape and POCSO cases. Despite this, data shows that in 2022, hundreds of such cases were compromised or resolved through plea bargaining, undermining the pursuit of justice.

Additionally, the report highlighted the importance of modernising the judicial infrastructure, including upgrading courtroom technology and establishing Vulnerable Witness Deposition Centers (VWDCs), to ensure a smoother trial process for victims.

To prioritise the safety and protection of women and girl children, the Central Government initiated the Centrally Sponsored Scheme (CSS) of Fast Track Special Courts (FTSCs) in October 2019 to expedite the trial of pending cases under the rape and POCSO (Protection of Children from Sexual Offences) Act, 2012.