New Delhi: More than three years after the central government floated a centrally sponsored scheme (CSS) to set up Fast Track Special Courts (FTSC) and exclusive Protection of Children Against Sexual Offence (POCSO) courts with the objective to expedite the disposal of rape and child sexual abuse cases, nine states are yet to fully comply with the scheme, with two states and one Union territory (UT) having not given their consent for the same.
An analysis done by the Union Ministry of Law and Justice shows that Telangana, Andhra Pradesh, Bihar, Assam, Maharashtra, Karnataka, Kerala, Odisha, and Goa have not established FTSCs and exclusive POCSO courts as per the projections made by the Union Law Ministry for each state.
West Bengal and Arunachal Pradesh have not given their consent to the scheme and are yet to assign the two categories of criminal cases to special courts, sources from the Ministry told ThePrint. Andaman and Nicobar islands is the sole UT to not have consented to start special FTSCs and exclusive POCSO courts.
FTSCs were envisaged as part of the CSS with a mandate to ensure targeted disposal of pending rape and POCSO cases. As per the CSS, the central government contributes 60 per cent of the fund, while the state and UT governments share 40 per cent of the cost to start the courts. In the case of hilly states, including Sikkim, Himachal Pradesh, and Uttarakhand, and the UT Jammu and Kashmir, the ratio of sharing is 90:10.
The scheme was formulated following the introduction of The Criminal Law (Amendment) Act, 2018, which strengthened the existing Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), Indian Evidence Act, and POCSO. It provided for stringent punishment for the rape of children and women.
At the suggestion of the Supreme Court, in 2019, the CSS also included a proposal to have exclusive POCSO courts in districts where over 100 cases of child sexual assault were pending. These courts were designated to hear only POCSO cases.
Made operative in October 2019, the CSS for FTSCs was spread over two financial years — 2019-20 and 2020-21. However, based on the recommendations and the cabinet’s approval, the scheme has been extended for a further period of two years, which means it will now operate till March 2023.
Ministry sources disclosed that under the scheme, West Bengal was required to have 123 FTSCs and 20 special POCSO courts, and Arunachal Pradesh had to start three FTSCs. However, the two states have not yet consented to start the special courts.
As for the states where the courts are partially functioning, data shows Telangana has started only 34 FTSCs, as opposed to the suggested 36. However, exclusive POCSO courts are yet to become operational despite the scheme earmarking 10 such courts for the purpose of hearing child sexual assault cases in the state.
In Maharashtra, 33 out of the 138 proposed FTSCs are functioning, while 18 of the 30 suggested designated POCSO courts have been set up.
The data further reveals that, in Kerala, 17 designated POCSO courts are working, as per the scheme. However, the state is lagging behind on FTSCs. Only 50 per cent of the proposed 56 FTSCs are ready and functional.
States such as Andhra Pradesh, Bihar, Assam, Karnataka, Odisha, and Goa have complied with one of the two requirements. So, while Andhra has established 13 special POCSO courts, more than what was suggested (8), it has set up 13 FTSCs, five less than the advised number.
Similarly, Bihar has 45 FTSCs, as against the required 54. But, at the same time, it has 45 courts to hear only POCSO cases, whereas the projected number under the scheme was 30.
Also Read: No law on poll hate speech so acting under IPC & Representation of People Act, EC tells apex court
Growing pendency
In addition to this, the analysis of the law ministry also reveals the growing pendency of cases in these courts in 28 states and UTs. Union Law Minister Kiren Rijiju wrote to the chief justices of high courts earlier this month, drawing their attention to the tardy progress of cases in these special courts.
As on 31 July 2022, the cumulative pendency of cases in FTSCs and exclusive POCSO courts is 1,93,195. At the time the scheme was envisaged — June 2019 — the targeted disposal of cases by such courts was pegged at 1,66,882.
In Uttar Pradesh, more than 75,000 cases are still pending in these courts. “This is despite the state having in place all the 218 FTSCs and 74 special POCSO courts. But, the pending numbers show that there is no speedy disposal of cases there,” an officer from the Department of Justice (DOJ) told ThePrint.
Even Madhya Pradesh is facing pendency issues despite the fact that the state has fully-functional FTSCs and POCSO courts. More than 13,000 cases are still pending in courts here, with a little over 10,000 being heard by exclusive POCSO courts.
The DOJ officer said POCSO law makes it compulsory to end trials of cases falling under it within a year. The department, he added, plans to conduct another analysis to ascertain how much time each court takes to complete the trial of POCSO cases. Accordingly, the department will take up the matter with the concerned high courts, he said.
(Edited by Siddarth Muralidharan)
Also Read: 1 mn backlog, 37% vacancies, but Allahabad HC lawyers don’t want ‘outsiders’ to fill judges’ ranks