With annual funding of Rs 767.25 crore, the Law Ministry wants to set up 1,023 fast track courts for rape.

The Proposal :

• The Department of justice has moved the proposal and the ministry has sought annual funding of Rs 767.25 crore to set up the 1,023 fast track courts for two years. These fast track courts would be exclusively used for “speedy disposal” of cases of rape and those under the POCSO Act.
• The state government would provide seven assisting staff members with a presiding officer for each court, which will be selected in consultation with the chief justice of the high court, decide the location and jurisdiction of the courts.

Need for the fast track courts :

• The proposal of setting up of fast track courts for rape comes six years after the Protection of Children from Sexual Offences (POCSO) Act was implemented in November 2012.
• Setting up of special courts for the heinous crime are essential for the speedy justice to the aggrieved women in India. The POCSO Act mandates for the setting up of special courts under Section 28 (1).
• In the latest finding of Law Ministry which indicates that there are 1.67 lakh cases of rape and child sexual abuse awaiting trial and has therefore proposed setting up 1,023 fast track special courts to provide speedy justice in two years.

Statistics of rape cases :

• National Crime Records has reported that there were 1.33 lakh rape cases and 90,205 POCSO cases pending trial at the end of 2016.
• The conviction rate in cases which went to trial stood at 25.5 percent and 29.6 percent, respectively. The implementation of the fast track special courts would be monitored by the Ministry of Home Affairs.

Posco Act :

The POCSO Act has come into force with effect from 14 November 2012. It is a gender-neutral Act which has been enacted to strengthen the legal provisions for the protection of children from sexual abuse and exploitation. The Act defines a child as any person below 18 years of age and describes different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography.

Key-Provisions of the Act:

• Presentation: As soon as the matter is reported to the police officer, within 24 hours, the case should be presented before the Child Welfare Committee.
• Statement Recording: The statement of the minor should be recorded in his/her home or his only by a female police officer, and he/she (the minor) should not be called in the court repeatedly. He/she may be testified through video.
• Medical Examination with Consent: The medical examination must be conducted by a female doctor, in the presence of a person whom minor trusted. Consent of the parents or guardians if present, otherwise the approval of a medical professional on behalf of a minor is required.
• No Direct Questions by the Defence: The defense should route the entire question through the judge and cannot ask any aggressive or character assassination questions to the juvenile. The minor should not be exposed to accused in any way during the recording of evidence.
• Speedy Trial: This act also provides a speedy trial and in camera, proceedings to ensure confidentiality.

Punishment enumerated under the Act: 

• Section 6, 10 Years: Aggravated sexual assault committed by a person of trust or authority like police officer under section 6 would be punished with not less than ten years and extended up to rigorous life incarceration and fine.
• Section 4, 7 Years: For penetrative sexual assault, the sentence not less than seven years extended up to life imprisonment along with fine under section 4 of the POCSO Act.
• Section 10, 5 Years: For the non-penetrative sexual assault committed by a person with sexual intent must be punished with not less than three years and extended up to 5 years of imprisonment under section 10 of the POCSO Act.
• Section 12, 3 Years: For sexual harassment under section 12 of the POCSO Act, prescribes a punishment of 3 years along with fine.

Conclusion :

• If we want an equally empowered society in the near future, then we need a change to reorient our mindsets to ensure that the upcoming generations are raised with the right attitude towards the others irrespective of their gender, age, caste, and religion. While we simultaneously need to raise awareness and sensitization of the authorities and the society as a whole regarding the crimes against children. Girls and boys must be treated equally and should be raised with independent thinking and thriving towards financial autonomy to further empower them. Here, NGOs and Civil Society Organizations can play a crucial part.