• The Union Cabinet has approved continuation of 1,023 Fast Track Special Courts (FTSCs), including 389 exclusive POCSO courts, as a centrally sponsored scheme for another two years.

• The scheme would continue from April 1, 2021 to March 31, 2023 with an outlay of Rs 1572.86 crore (Rs 971.70 crore as central share and Rs 601.16 crore as state share).

• The central share is to be funded from Nirbhaya Fund.

• Since the setting up of Fast Track Special Courts, over 51,600 cases of rape and POCSO offences have been expeditiously disposed through 660 Fast Track Special Courts in 26 states, Women and Child Development Minister Smriti Irani said.

Fast Track Special Courts for rape and POCSO Act cases

• Disturbing incidents of rape and gang rape of minor girls and women below the age of 16 years have shaken the conscience of the entire nation. 

• The occurrence of such incidents and prolonged trials of convicts necessitated creating a dedicated court machinery which could expedite trial and provide immediate relief to the victims. 

• To bring more stringent provisions and expeditious trial and disposal of such cases, the Criminal Law (Amendment) Act, 2018 was enacted which made provision of stringent punishment, including death penalty, for perpetrators of rape.

• This led to the setting up of fast-track special courts (FTSCs).

• The FTSC Scheme was started to set up 1,023 Fast Track Special Courts (FTSCs) for speedy disposal of rape and POCSO Act cases with effect from October 2, 2019.

• These are dedicated courts expected to ensure swift dispensation of justice.

• They have a better clearance rate as compared to the regular courts and hold speedy trials. 

• Besides providing quick justice to the victims, it strengthens the deterrence framework for sexual offenders.

• As many as 28 states/UTs have joined the scheme. It is proposed to be expanded to cover all states which are eligible to join the scheme.

• By May 2021, 640 FTSCs, including 338 exclusive POCSO Courts, have become functional.

What is POCSO Act?

• The Protection of Children from Sexual Offences (POCSO) Act, 2012, was enacted to protect children from offences of sexual assault, sexual harassment and pornography with due regard for safeguarding the interest and well-being of children.

• The Act defines a child as any person below 18 years of age, and regards the best interests and welfare of the child as a matter of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child. 

• The Act is gender-neutral.

• The monitoring and implementation of this Act happens through the National Commission for Protection of Child Rights (NCPCR) and the state governments have been asked to appoint a senior nodal police officer for their state level Commission for Protection of Child Rights.

• In July 2019, the government amended the Act to make punishment more stringent for committing sexual crimes against children, including death penalty.

Fast Track Courts (FTCs) 

• Fast Track Courts (FTCs) are set up by the state governments in consultation with the concerned High Courts. 

• The 11th Finance Commission (for the period 2000-2005) had recommended a scheme for creation of 1,734 FTCs in the country for disposal of long pending cases. 

• The scheme that was initially for a period of five years up to 2004-05 was extended for a period of five more years and thereafter another one year till 2010-11, and then it was discontinued. 

• As many as 33 lakh (approximately) pending cases got disposed of by FTCs during the period. 

• A grant of Rs 870 crore was provided to the states for FTCs during the period of eleven years from 2000-2001 to 2010-2011.

• In its judgment on April 19, 2012 in Brij Mohan Lal Vs Union of India & Others case, the Supreme Court directed the states that they need to decide either to bring the FTCs scheme to an end or to continue the same as a permanent feature in the state.

• The 14th Finance Commission endorsed the proposal of the Union government for strengthening of the judicial sector at a cost of Rs 9,749.00 crore. It included establishment of 1,800 FTCs for a period of five years for cases of heinous crimes, cases involving senior citizens, women, children, etc at a cost of Rs 4,144.00 crore and urged the state governments to use the additional fiscal space provided by the Commission in the tax devolution to meet such requirements. 

• Quite a few states have discontinued the scheme of FTCs. In such states, cases are being tried in regular courts. 

• Presently, 956 FTCs are functional in 24 states/UTs in which 9,23,492 cases are pending (May 2021), according to the Department of Justice.

• A total of 33.36 lakh (approx) pending cases have been disposed of by FTCs during the period 2014 to 2020.

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