Centrally Sponsored Scheme for setting up 1023 Fast Track Special Courts being implemented by Dept of Justice

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Ministry of Law and Justice
Ministry of Law and Justice

The Minister of Law and Justice, Shri Kiren Rijiju in a written reply to a question in the Rajya Sabha today informed that the details of Fast Track Courts/new Fast Track Court (FTC) set up and functioning along with the number of cases lying pending thereunder in the country during each of the last three years and the current year, State-wise, as per information provided by High Courts, is given in Annexure.

Setting up of FTC and allocation of funds lies within the domain of the State Governments who set up such courts as per their need and resources, in consultation with the respective High Courts. The 14th Finance Commission (FC) had recommended the setting up of total 1800 FTCs during 2015-2020 for trial of specific cases of heinous nature, civil cases related to women, children, senior citizen, disabled, persons infected with terminal ailments etc and property related cases pending for more than 5 years. The FC had further urged 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 to allocate funds for the setting up of FTC, from the financial year 2015-16 onward. Further, in pursuance to the Criminal Law (Amendment) Act, 2018, the Department of Justice is implementing a Centrally Sponsored Scheme for setting up 1023 Fast Track Special Courts (FTSCs) since October,2019 to provide speedy justice to the victims of rape and POCSO Act. The FTSC scheme which was initially for 1 year, has been continued up to 31st March,2023 at a total outlay of Rs.1572.86 Cr. with Rs.971.70 Cr. as Central Share to be funded under Nirbhaya Fund. As on 31/10/2022, 733 FTSCs are functional in 28 States/UTs.

A Plan Scheme for Action Research and Studies on Judicial Reforms is being implemented by the Department of Justice under the National Mission for Justice Delivery and Legal Reforms since 2013. Under the Scheme, financial assistance is being extended for undertaking action research / evaluation / monitoring studies, organizing seminars / conferences / workshops, capacity building for research and monitoring activities, publication of report/material, promotion of innovative programmes / activities in the areas of Justice Delivery, Legal Research and Judicial Reforms. Under this scheme, a study on “Evaluation of Functioning of Fast Track Courts in India” was conducted by National Law University, Delhi. As per the findings of the study, the establishment of FTCs was not accompanied by special infrastructure, special administration, and separate cadre of staff or relaxation of the procedure. Therefore, their working is no different from regular courts and they face the same structural difficulties as regular courts. The lack of adequate support has caused overburdening of the FTCs. The following recommendations were made to improving the efficiency which has been brought to the knowledge of the concerned State Governments and High Courts:

  • Appointment of more experienced Judges in the FTCs.
  • Need for specific recommendations of the National Court Management System which are applicable to Fast Track Courts.
  • Judges to put case-specific time frames for deciding cases in FTCs as suggested by the 245th report of Law Commission of India.
  • Monthly meetings at the district level of all judicial officers in FTCs to monitor their progress and ensuring day-to-day hearing in a fast-track proceeding.
  • Providing a safe and comfortable environment to victims especially women and children in all FTCs in the country by using modern technology like videoconferencing/videography.
  • Judges to be provided with proper and updated modern facilities like computer, technical staff and internet.
  • Incentives to be given to judges for the disposal of cases which are pending for more than 5 years
  • Vulnerable Witness Deposition Complexes (such as those established in Delhi) to be set up in other districts as well.

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Annexure

Status of FTCs –functional and Cases pending during last three years including current year (States/UTs wise)

                          (As on October, 2022)

Sl No. State/UT Dec, 2019 Dec, 2020 Dec, 2021 October, 2022
Functional Courts

 

 

Cases Pending  Functional

Courts

 

Cases Pending  Functional Courts Cases Pending  Functional Courts

 

Cases Pending 
1 Andhra Pradesh 21 6763 21 10069 21 10069 22 6877
2  Andaman & Nicobar island   0   0   0   0
3 Arunachal Pradesh   0   0   0   0
4 Assam 19 8108 14 10108 16 9356 15 10551
5 Bihar 57 20774 33 58636 0 69792 0 0
6 Chandigarh                
7 Chhattisgarh 38 6882 23 15310 23 17779 23 5394
8 Dadra & Nagar Haveli   0   0   0   0
9 Delhi 10 4210 5 40733 7 48520 20 7068
10 Diu & Daman                
11 Goa 0 0 0 0 0 0 4 2038
12 Gujarat 0 0 0 33560 35 35335 35 4894
13 Haryana 6 924 5 58511 6 65337 6 887
14 Himachal Pradesh 0 0 0 15618 0 5102 3 510
15 Jammu & Kashmir 5 876 1 0 4 0 4 685
16 Jharkhand 0 4632 40 14507 6 19371 34 7969
17 Karnataka 0 0 13 38365 18 39458 0 0
18 Kerala 0 0 23 100479 28 114020 0 0
19 Ladakh   0   0   0   0
20 Lakshadweep   0   0   0   0
21 Madhya Pradesh 0 0 2 15584 0 25769 0 0
22 Maharashtra 91 107491 116 52079 110 67315 111 152312
23 Manipur 4 210 6 634 6 634 10 1023
24 Meghalaya 0 0 0 0 0 0 0 0
25 Mizoram 2 154 2 0 2 0 2 223
26 Nagaland 0 0 1 66 0 153 0 0
27 Odisha 0 0 0 39670 19 44689 0 0
28 Puducherry   0   1535   1452   0
29 Punjab 0 0 7 52198 7 85061 7 245
30 Rajasthan   0   44222   46048   0
31 Sikkim 1 6 2 188 2 195 2 13
32 Tamil Nadu 74 6036 73 29970 74 32519 73 107590
33 Telangana 29 9950 29 15469 35 18095 0 0
34 Tripura 11 937 11 2551 11 3604 03 1347
35 Uttar Pradesh 368 405127 389 413176 376 396462 372 1036970
36 Uttarakhand 4 567 4 15119 4 15997 4 838
37 West Bengal 88 49723 87 0 88 1166 88 72560
  Total 828 633370 907 1078357 898 1173298 838 1419994

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