New Delhi: ThePrint has learned that the Modi government may go ahead with its centrally sponsored scheme to set up special fast-track special courts (FTSCs) to speed up trial of sexual offense cases.
Senior officials in the Union Ministry of Law and Justice told ThePrint that the Department of Justice (DOJ) has finalized its proposal and sent it to the Union Ministry of Women and Child Development (WCD) for approval.
“The funds for this scheme are allocated from the Nirbhaya Fund, which was set up after December 2012 event In which a woman was brutally gang-raped in a moving bus in South-West Delhi and she died due to injuries sustained in the assault. So, before we go ahead to implement it, WCD’s approval is needed.
He said the scheme, which was to end on March 31, 2023, would be extended for three years and if approved, the total outlay would be Rs 2,600 crore.
A second DOJ official underlined that the plan has been effective in settling thousands of cases.
“More than 3.5 lakh cases of sexual assault, including those under POCSO, are pending final decision. Since 2020, these FTSCs have decided 1.44 lakh cases falling in this category.
Under the FTSC scheme, the central government is required to fund 60 per cent of the expenses of the courts, while the respective state governments contribute the remaining 40 per cent.
The FTSC was launched in April 2019 following an amendment to the criminal law that introduced tougher punishments for sexual offenses and a two-month time limit for completing trials in such cases.
While the plan had proposed 1,023 FTSCs across 31 states and union territories, only 765 out of 28 are functional. Of these, 418 are exclusive POCSO (Protection of Children from Sexual Offences) courts. Initially, the scheme was spread over two financial years with a total outlay of Rs 767.25 crore.
Subsequently, the scheme was evaluated by an external agency – the National Productivity Council – which recommended that it should be continued for another two years. Acting on this advice, the Law Ministry extended the scheme till March 2023 with a total outlay of Rs 1,572 crore.
“As the March 31, 2023 deadline approached, the department decided to once again study the efficacy of the FTSC and roped in the Indian Institute of Public Administration (IIPA) for the same,” said another DOJ official.
He said that IIPA in its draft report has emphasized the need to continue with the existing set up of FTSC. Meanwhile, 15th The Finance Commission (FC) report also calls for prioritizing rape and POCSO cases and suggests that FTSCs function by March 2026.
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A ‘success’, but some states are falling behind
The “success” of the fast-track courts, along with the advice of the Finance Commission, the second DOJ official said, led to the proposal to extend their tenure for three years.
“Given the success of these Special Courts and the assessment by IIPA supporting the same, AleThe ministry decided to continue the scheme till March 2026.
He also said that in this phase of the plan, the ministry will also work towards convincing the states to set up all the courts earmarked for their respective jurisdiction.
As of now, all FTSCs are functional in most of the states. However, four states – Maharashtra, Bihar, Andhra Pradesh and Assam – are yet to operate all the courts that were allotted to them. Further, West Bengal and Arunachal Pradesh have not set up a single FTSC.
“The scheme envisaged 138 FTSCs in Maharashtra. But so far, he has made only 100 starts. Bihar, Andhra Pradesh and Assam are also falling short of their targets, but the difference is not as much as Maharashtra,” said the first DOJ official.
Law ministry officials claimed that Maharashtra, Bihar, Andhra Pradesh and Assam have all cited manpower shortage as the reason for not being able to start FTSCs, while West Bengal and Arunachal Pradesh are silent on the issue.
According to the first DOJ official, the number of FTSCs for each state was determined based on the pendency of cases.
“A study was done when the plan was being prepared in 2018. It was observed that each Court of Session was capable of handling 168 cases annually. So, in the plan that was finally worked out, 165 cases were allocated to each FTSC and the number of such courts was planned in each state,” this official said.
In its budget allocation, the ministry calculated Rs 75 lakh as the annual cost to run each courtroom. In this budget, 84 percent is reserved for the payment of salaries to the presiding officer and court staff. The scheme includes one judicial officer and seven court staff for each FTSC.
To ensure that appointment of judges and court staff does not become a hindrance in achieving the objective of the scheme, the ministry had also permitted the states to take the assistance of retired judicial officers and staff.
The plan also takes care of bridging infrastructural gaps, if any, and allows states to rent premises to run these courts, if existing facilities cannot accommodate the FTSC.
“However, it appears that states are reluctant to adhere to these interim arrangements provided in the scheme,” the official said.
Third party evaluation by IIPA has also pointed out procedural lapses which are preventing the scheme from achieving an absolute success rate. These include delay in submission of timely investigation reports, forensic documents and DNA reports in rape cases.
Other challenges, law ministry officials said, pertain to appointing special public prosecutors in these courts and providing a victim-friendly environment. “There are very few states that have worked on this front. Certain aspects of the scheme require more attention by the states to achieve its true objective,” he said.
(Edited by Asawari Singh)
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