Report: More than 90% of cases related to sexual offences were dealt with by fast-track courts in 2023

A recent report by child rights NGO India Child Protection titled ‘Fast Tracking Justice: Role of Fast Track Special Courts in Reducing Case Backlogs’ highlights the exceptional efficiency of these courts. While all Indian courts recorded only a 10% disposal rate in rape and POCSO (Protection of Children from Sexual Offences) cases in 2022, FTSCs achieved an impressive rate of 83%, which further improved to 94% in 2023, according to the report.

Despite the positive impact of the FTSCs, the report paints a bleak picture of the challenges facing the justice system.

From August 2024, a total of 755 FTSCs, including 410 exclusive POCSO courts, will be operational out of the 1,023 proposed courts, it said.

A total of 416,638 rape and POCSO cases have been filed before the FTSCs since the system was introduced and these courts have disposed of 52% of the cases filed since its introduction in 2018, the report said.

Since the introduction of the FTSC program, a total of 214,463 of 416,638 cases have been resolved, it said.

Maharashtra (80%) and Punjab (71%) recorded high clearance rates, much higher than the national average (52%). West Bengal recorded the lowest clearance rate (2%) among all states and union territories, the report said. This is also because the state has only commissioned three of the 123 designated FTSCs, the study said.

In 2023 alone, 81,471 new rape and POCSO cases were initiated, of which a total of 76,319 cases were disposed of by the FTSCs, the report said.

While the same cases may not have been resolved, this figure – 76,319 out of 81,471 – is alarming and shows an impressive resolution rate of 94%, it said.

In stark contrast to the FTSCs, the disposal rates of rape and POCSO cases in all courts in the country were abysmally low, with only 10% of cases disposed of in 2022.

Stressing the need for urgent action, the report said courts would need to resolve one rape or POCSO case every three minutes to clear the current backlog by December 2023.

“If this pace is not maintained and additional FTSCs are not established, the country may never be able to cope with the growing backlog of over 200,000 cases,” it said.

The report urges the government to make the remaining FTSCs functional and calls for setting up 1,000 additional courts to catch up with the growing backlog, pointing out that the unused Rs 1,700 crore from the Nirbhaya Fund could support these new courts for at least two years.

Bhuwan Ribhu, child rights activist and founder of Child Marriage Free India, said it was very important to clear the backlog quickly.

“Now is the time to provide justice for women and children by setting up 1,000 new FTSCs and enabling time-bound trials in all courts, including the High Courts and the Supreme Court,” Ribhu said.

The report also highlights the need for stricter compliance with legal guidelines, particularly Sections 289 and 359 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), which prohibit plea bargains and settlements in rape and POCSO cases. Despite this, data shows that hundreds of such cases were settled or resolved through plea bargains in 2022, undermining the pursuit of justice.

The report also highlighted the importance of modernising the justice infrastructure, including improving courtroom technology and establishing Vulnerable Witness Deposition Centres (VWDCs) to provide victims with a smoother judicial process.

To give top priority to the safety and protection of women and girls, the Central Government launched the centrally sponsored Fast Track Special Courts (FTSCs) programme in October 2019 to expedite the trial of pending cases under the Rape and Protection of Children from Sexual Offences (POCSO) Act, 2012.