NEW DELHI: Taking note of increase in cases registered under the Protection of Children from Sexual Offences Act over the years, the parliamentary standing committee on home affairs has recommended that the home ministry takes up the matter with the ministry of law and justice to expedite the setting up of remaining fast track special courts (FTSC). It also recommended that these courts should adjudicate on the pending cases within a time frame.
Of the 1,023 fast track special courts (FTSCs) to be set up, 597 have been set-up for rape cases and 325 for POCSO cases across 28 states and UTs. A total of 389 dedicated POCSO courts are proposed to be set up for trial of cases exclusively in districts where the pendency of such cases is more than 100.
In pursuance of the Criminal Law (Amendment) Act, 2018, the department of justice of the ministry of law and justice is implementing a centrally sponsored scheme since August, 2019 for setting up of 1023 FTSCs across the country for expeditious trial and disposal of pending cases related to rape and cases under the POCSO Act, 2012.
Taking note of these details, the parliamentary panel in its report highlights that cases registered under POCSO Act during the last three years (2017-19) were 31,668, 38,802 and 46,005 respectively.
Citing the number of FTSCs set-up so far, the panel observes, “This shows that although there has been an increase in cases over the years, the lack of such courts will further delay the course of dispensing justice which will subsequently reduce the faith of victims in the justice delivery system,” the committee chaired by Congress MP Anand Sharma states in the report.
Meanwhile, as of November 2020, data on Fast track Courts shows in the 860 FTCs across 21 states and UTs 7,84,551 cases were pending. Data in respect of Andhra Pradesh, Delhi & West Bengal also part of these figures is available only up to September 30.
The FTCs deal with cases of heinous nature including cases related to crimes against women, children, senior citizens among others. Some of the major reasons for pendency of cases cited include - rate of filing cases is more than disposal; non-attendance by a witness; frequent adjournments are taken by advocates and difficulties in service of summons.
The committee was also informed by the ministry of law and justice that the department of justice has proposed supporting the setting up of 2,499 FTCs in the next five years (2021-26), and the proposal has been submitted to the 15th Finance Commission.