Continuation of Fast Track Special Courts

Context: Recently, the Union Government approved the continuation of more than 1000 Fast Track Special Court (FTSCs) as a Centrally Sponsored Scheme (CSS) for two years (April 2021-March 2023).

Fast Track Special Courts

• Fast Track Special Courts are dedicated courts expected to ensure swift dispensation of justice.
• They have a better clearance rate as compared to the regular courts and hold speedy trials.
• Besides providing quick justice to the hapless victims, it strengthens the deterrence framework for sexual offenders.
• Central Share is to be funded from Nirbhaya Fund. The Scheme was launched on 02.10.2019.
• To bring more stringent provisions and expeditious trial and disposal of such cases, the Central Government enacted “The Criminal Law (Amendment) Act, 2018”.
• It made provision of stringent punishment including the death penalty for perpetrators of rape.
• This led to the establishment of the Fast Track Special Courts (FTSCs).

Note: Article 247 gives power to Parliament to establish certain additional courts for the better administration of laws made by it or of any existing laws with respect to a matter enumerated in the Union List.

Benefits offered by Fast track courts

• Further the commitment of the Nation to champion the cause of safety and security of women and girl child.
• Reduce the number of pending cases of Rape & POCSO Act.
• Provide speedy access to justice to the victims of sexual crimes and act as a deterrent for sexual offenders.
• Fastracking of these cases will declog the judicial system of the burden of case pendency.

Issues with Fast track courts

• Lack of Infrastructure: Fast-track courts operate no differently than regular courts. It is just like any other court hall in the district judiciary. There are no changes in the legal process to enable the cases to move forward faster. 
• No clear Mandate: There are no clear mandates on what kind of cases fast-track courts are supposed to hear.
• Delay in Judgement: Delay due to absence of witnesses was seen as one of the main reasons for adjournments, showed a study.
• Overburdened Judges: Less number of Judicial Officials.

Solutions

• Capacity building: They must have dedicated judges so that cases can be heard on a regular basis. For this fast-track courts to be more effective, trials must be completed in a time-bound manner.
• Clear Mandate: There should be a clear mandate for fast-track courts as is the practice in countries such as Spain and Liberia.
• Boosting Process: There should be realistic assessment of the time taken for each hearing and then have a proper time table which offers ample time to every case.