In India, 758 Fast Track Courts including 412 exclusive POCSO Courts are functional in 30 States/UTs
15 DEC 2023
Fast Track Courts Scheme
The setting up of subordinate courts including Fast Track Courts (FTCs) and its functioning comes within the domain of the State Governments in consultation with the respective High Courts. The 11th Finance Commission had recommended a scheme for creation of 1734 FTCs in the Country for disposal of long pending cases.
The criteria adopted for creation of number of FTCs was based on the report of Sh. N.C.Jain, Member, 11th Finance Commission that one such court can dispose of upto 168 number of cases per year. The Scheme continued up to 2010-11 and then it was decided to discontinue. An amount of Rs. 870 Cr. was released to the State Government within the period of 11 years and central funding was not continued beyond 31.03.2011. However, the Central Government decided to provide funds up to a maximum of Rs. 80 Cr. per annum on a matching basis up to 31.03.2015. Out of 38.99 Lakh cases transferred to FTCs since inception, 32.93 Lakh cases were disposed of as per the report received as on 31.03.2011.
In its judgment in Brij Mohan Lal & Others V/s. UoI & Others on 19.04.2012 the Hon’ble Supreme Court of India had inter-alia directed the States that they shall not take a decision to continue FTCs on an ad-hoc and temporary basis. They will need to decide either to bring the FTCs Scheme to an end or to continue the same as a permanent feature in the State. Number of States opted to discontinue the Scheme.
Considering the need for setting up of FTCs for specific nature of cases pending in Courts viz. cases of heinous nature, civil cases involving senior citizen women and children and other marginalized section of society and civil disputes involving land acquisition, etc. pending for more than five years, the Union of India proposed setting up of 1800 FTCs at a total cost of Rs. 4144 Cr. during the period of 2015- 2020, in its memorandum to the 14th Finance Commission. The Commission endorsed the proposal and urged the State Government to use the additional fiscal space provided by the Commission in the tax devolution to meet the requirements. Further the Union Government has also urged the State Governments to allocate funds for the activities mentioned in the 14th FC recommendation including setting up of FTCs from their State budgets from the financial year 2015-16 onwards.
A notice was issued to the Central Government by the Hon’ble Supreme Court of India in the Writ Petition (Civil) No.568 of 2012 on 4.01.2013. The writ petition pertained to the protection of women and children against heinous crimes.
The Government of India took immediate steps for the establishment of FTCs by urging the High Court Chief Justices to prioritize the prompt handling of pending rape cases through setting up of FTCs. A similar request was also made to the Chief Ministers of the States.
The 14th Finance Commission (FC) set up by the Government of India had recommended the setting up of 1800 FTCs during 2015-2020 for speedy trial of specific cases of heinous nature, civil cases related to women, children, senior citizen, disabled persons, persons infected with terminal ailments etc. and property related cases pending for more than 5 years. Setting up of (FTCs) and allocation of funds is required to be done by the State Governments as per their need and resources, in consultation with the respective High Courts. The FC had urged upon the State Governments to utilize enhanced fiscal space available through tax devolution (32% to 42%) for this purpose. The Union Government has also urged the State Governments/UTs to allocate funds for the setting up of FTCs from the Financial Year 2015-16 onward. In this regard, the State Governments/ UTs have set up 848 FTCs as on 31.10.2023.
To implement the Criminal Law (Amendment) Act, 2018 and comply with the directives of the Supreme Court to establish Special Courts exclusively dealing with POCSO Act cases, the Government devised a Centrally Sponsored Scheme in August 2019. This Scheme aimed to establish Fast Track Special Courts (FTSCs), including exclusive POCSO Courts nationwide for expeditious disposal of rape and POCSO Act cases. The FTSC Scheme was launched initially for one year w.e.f. 02.10.2019 spread over two Financial Years 2019-20 and 2020-21 at a total outlay of ₹ 767.25 Cr. with ₹ 474 Cr. as Central Share. The Cabinet in its meeting held on 04.08.2021 further approved the continuation of the Scheme for two more financial years (FY 2021-22 and FY 2022-23) up to 31.03.2023 at a total outlay of ₹ 1572.86 Cr. with ₹ 971.70 Cr. as central share.
The Union Cabinet has now extended the Scheme for another three years i.e. from 01.04.2023 to 31.03.2026 at a total outlay of Rs. 1952.23 cr. with Rs. 1207.24 cr. as Central Share. The Central share is to be met from the Nirbhaya Fund. The fund-sharing pattern of the Scheme is 60:40 (Centre: State) and 90:10 for the North Eastern and 3 Himalayan States/UTs. However, 100% Central fund is provided for Union Territories without legislature.
As per the data submitted by High Courts, as on 31.10.2023, 758 FTSCs including 412 exclusive POCSO Courts are functional in 30 States/UTs. These courts have disposed of more than 2,00,000 cases as on 31.10.2023.
This information was given by the MINISTER OF STATE (INDEPENDENT CHARGE) FOR MINISTRY OF LAW AND JUSTICE; MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS; MINISTER OF STATE FOR THE MINISTRY OF CULTURE, SHRI ARJUN RAM MEGHWAL in a written reply in Lok Sabha today.
Read also:
Service benefits for the Judges of Fast Track Courts
Jurisdiction of the Fast Track Court & Fast Track Special Court in India
