Fast Track Special Court

What are Fast Track Special courts?

Fast Track Special Courts (FTSC) have been set up for expeditious trial of sexual offences.

FTSCs are a centrally sponsored scheme by the Department of Justice which commenced in 2019 and aimed to set up 1023 FTSCs across the country out of which 389 FTSCs will exclusively handle Protection of Children from Sexual Offences Act (POCSO) cases. This was in pursuance of the Criminal Law (Amendment) Act 2018 that enhanced punishment for rape and related offences and the Supreme Court’s direction of 2019 which envisioned a central scheme for exclusive/designated special courts for offences related under the POCSO Act.

The scheme was initially for one year spread over two Financial Years 2019-20 and 2020-21. The cabinet further approved the continuation of the Scheme of FTSCs for two years up to March, 2023 with a total budgetary outlay of Rs. 1572.86 crore with Rs.971.70 crore as central share (to be met from Nirbhaya fund) with the scope of further extension of the scheme.

As of August 2023, 758 Fast Track Special Courts including 412 exclusive e-POCSO Courts are functional. A total of 169342 cases have been disposed of by these courts since the inception of the scheme.

Official definition of fast track special court

FTSCs are constituted with the goal of the effective implementation of Criminal Law Amendment Act, 2018 by ensuring targeted disposal of pending rape & POCSO Act cases

Appearance of the term in databases

Department of Justice Dashboard

The dashboard provides visual data on the operational status of FTSCs, rates of disposal and pendency of cases.

View of the FTSC dashboard: Fully operational courts

Number of cases pending in FTSCs including e-POCSO courts

Cumulative disposal of cases by FTSCs including e-POCSO courts

Research that engages with Fast Track Special Courts

Satyarthi Global Policy Institute For Children, ‘Disposal of Cases under Protection of Children from Sexual Offences Act (POCSO) by Fast Track Special Courts in India’.

The paper finds that FTSCs are greatly underperforming their targets on several completed trials, and that it will take six years to complete the backlog of cases pending as of January 2022 if no new cases are added. They also recommend how the FTSC dashboard needs to include the interim and final compensations given to rape and child sexual abuse victims.

Bhadra Sinha, ‘Govt-ordered audit of fast-track courts flags need for trained officers, witness deposition centres’ (ThePrint 2023)

This article examines key recommendations made by a research team from the Indian Institute of Public Administration (IIPA) that took stock of FTSCs under the instructions of the Union Ministry of Law and Justice. The report recommends training of investigating officers and key stakeholders at the ground level, increasing skilled manpower and equipment in forensic laboratories, compulsory vulnerable witness deposition centres across India and appointment of child psychologists to assist victims.

HAQ: Centre for Child Rights & CivicDataLab, ‘#Data4Justice - Unpacking Judicial Data to Track Implementation of the POCSO Act in Assam, Delhi & Haryana’ (2021)

The report examines how the development of the FTSC scheme was based on pendency data collected from special courts under the POCSO Act through high courts and how a more nuanced assessment is required to have more flexibility in the establishment of fast track courts in states/districts that require greater number of courts and greater funds.

Jayna Kothari and Aparna Ravi, ‘The myth of speedy and substantive justice: A study of the Special Fast Track Courts for Sexual Assault and Child Abuse cases in Karnataka’

This is an in-depth report on the performance of special fast track courts based on an in-depth analysis of the judgements given by the courts. The report highlights the need for having a proper legislative foundation for such courts so that its purpose and mode of functioning are set out clearly without which the courts will operate much like normal courts.

Arunav Kaul, ’The hard realities of India’s fast-track courts’ (The Hindu 2019)

This article in the Hindu looks at how FTSCs are struggling from a lack of staff and resources. There is a need to look at the more systemic issues that create the backlog of cases.