As of now, 745 Fast Track Special Courts (FTSCs), including 404 exclusive POCSO Courts, are operational across 30 states and union territories. Image Source: India Today
The Department of Justice, under the Ministry of Law and Justice, has launched the Centrally Sponsored Scheme (CSS) to assist state governments in establishing Fast Track Special Courts (FTSCs) nationwide.
Fast Track Special Courts (FTSCs) have made significant strides in accelerating justice for survivors of sexual offenses, boasting an impressive disposal rate of 96.28%. These courts have been crucial in expediting legal proceedings in rape cases and offenses under the POCSO Act. In 2024 alone, 88,902 new cases were filed, with 85,595 cases successfully resolved, highlighting the effectiveness of the FTSCs in clearing case backlogs.
Despite a robust legal and policy framework, a substantial number of rape and POCSO Act cases remain pending in courts across the country. The primary goal of imposing severe penalties is to create deterrence, but this can only be achieved if trials are concluded within a set timeframe and justice is delivered promptly. Although the Criminal Procedure Code (CrPC) and the POCSO Act establish strict timelines for investigations and trials, delays persist due to case backlogs and limited judicial resources.
Source: Ministry of Law and Justice
In response to these challenges, the Supreme Court of India, in its Suo Motu Writ Petition (Criminal) No. 1/2019, addressed the need for timely investigations and trials in POCSO Act cases. On July 25, 2019, the Court issued directives mandating the swift disposal of such cases. To ensure these directives were implemented, the government introduced the FTSC Scheme on October 2, 2019, establishing specialized courts across the nation to expedite the resolution of rape and POCSO Act cases.
The Department of Justice, under the Ministry of Law and Justice, has launched the Centrally Sponsored Scheme (CSS) to assist state governments in establishing Fast Track Special Courts (FTSCs) nationwide. As part of the initiative, 790 FTSCs, including dedicated POCSO (e-POCSO) courts, are set to be established. Each court is tasked with resolving 41-42 cases per quarter, aiming to clear at least 165 cases annually, in a bid to ensure swift justice and reduce case backlogs.
Source: Ministry of Law and Justice
As of now, 745 Fast Track Special Courts (FTSCs), including 404 exclusive POCSO Courts, are operational across 30 states and union territories, collectively resolving over 3,06,604 cases. The establishment and functioning of these courts fall under the jurisdiction of state governments, in consultation with their respective High Courts, based on local needs and available resources. The FTSCs Scheme, originally launched for a one-year term, was extended until March 2023. In a significant move, the Union Cabinet approved a further extension of the scheme for three more years, from April 1, 2023, to March 31, 2026. The total financial allocation for this period is ₹1,952.23 crore, with ₹1,207.24 crore provided as the central share, funded through the Nirbhaya Fund.
Fast-track courts often face significant challenges that hinder their effectiveness in delivering timely justice. Many of these courts operate in inadequately equipped facilities, lacking essential resources such as modern technology and sufficient space to handle their heavy caseloads efficiently. Despite their intended purpose of expediting legal proceedings, they frequently experience overwhelming case volumes, resulting in delays that undermine their foundational objective.
Furthermore, the establishment and operation of these courts can vary widely across states, leading to inconsistent access to justice and uneven application of legal standards. Additionally, the recruitment and training of judges and support staff may not always meet the specialized needs of fast-track courts, impacting the overall quality of judicial decision-making. Compounding these issues is a general lack of public awareness about the functions and processes of fast-track courts, which can further limit their effectiveness and accessibility to those in need of justice.
A 2022 study by the Vidhi Centre for Legal Policy, an independent think-tank focused on legal research and public policy, found that it took Fast Track Special Courts (FTSCs) an average of 509.78 days to dispose of a POCSO case. This delay contradicts Section 35 of the POCSO Act, which mandates that such cases be resolved within one year, as far as possible.
In 2023, the Ministry of Law and Justice issued guidelines for FTSCs, which specify that each court should have one judicial officer and seven support staff dedicated solely to handling rape and POCSO cases. However, Priyamvadha Shivaji, a research fellow at the Vidhi Centre, noted that in many cases, judicial officers from district and sessions courts are assigned additional duties for FTSCs. This issue is compounded by the fact that judicial vacancies in district and sessions courts stood at 20.4% as of 2024.
Moreover, FTSCs often operate within existing court infrastructure, as they do not receive separate funding for their own facilities. A 2019 Vidhi Centre study, "Building Better Courts: Surveying the Infrastructure of India’s District Courts," revealed significant infrastructure deficiencies, including that only 59% of court complexes had a first-aid kit, 60% lacked fully functional toilets, and 69% of litigants reported a need for additional seating. Furthermore, only 27% of court complexes were accessible via ramps.
Additionally, the State of Judiciary Report (2023) by the Centre for Research & Planning of the Supreme Court of India highlighted that 83.1% of district courts in India lack a Vulnerable Witness Deposition Centre, a critical facility for protecting witnesses such as children, individuals with mental health conditions or disabilities, sexual assault survivors, and those under witness protection.
In 2023, the Indian Institute of Public Administration (IIPA) conducted a third-party evaluation of the FTSC Scheme, offering several key recommendations for its continuation. The IIPA emphasized that the scheme should continue, as its main goal is to address sexual offenses against women and children through a fast-tracked judicial process.
To further streamline trials, the report suggested that states and high courts enhance key operational elements, such as appointing special judges with experience in handling POCSO cases, providing sensitivity training, and ensuring the appointment of female public prosecutors.
The evaluation also called for upgrades to courtroom infrastructure, advocating for the introduction of modern technologies like audio and video recording systems and LCD projectors. It recommended enhancing IT systems, including electronic case filing and digitization of court records, to keep pace with evolving technology.
Additionally, the report stressed the need for expanded forensic labs and trained personnel to speed up the handling of pending cases and ensure the timely submission of DNA reports. This would not only assist scientists and reporting officers but also help expedite justice.
IIPA also recommended the establishment of Vulnerable Witness Deposition Centres (VWDCs) in all districts to improve the process of recording victim testimonies and facilitate smoother court proceedings. Furthermore, the states should implement child-friendly trials conducted behind closed doors to protect the child's identity. Each FTSC should also include a child psychologist to support children through pre-trial and trial processes.