Fast Track Special Courts in Delhi Lag Behind on Rape and POCSO Cases

Divorce in India

Fast Track Special Courts (FTSCs), set up to speed up trials in rape and child sexual abuse cases, are failing to meet expectations in Delhi, according to recent data presented in the Lok Sabha. The national capital is among the States and Union Territories struggling with delays in these courts.

The FTSC initiative was launched following the Criminal Law (Amendment) Act, 2018, which introduced stricter provisions to curb crimes against women and children. That same year, over 1.66 lakh rape and POCSO (Protection of Children from Sexual Offences) cases were pending across India. Concerned about the mounting backlog, the Supreme Court in July 2019 directed that any district with more than 100 pending POCSO cases must have an exclusive special court.

In response, the Central government rolled out FTSCs in August 2019, with each court expected to dispose of at least 165 cases annually. As of June 30, 2024, there are 725 FTSCs operating nationwide, including 392 exclusively for POCSO cases.

Delhi has 16 FTSCs, 11 of which deal solely with POCSO matters. Since their inception, these courts have taken up 6,278 cases but disposed of only 2,718—less than half—by June 30.

Legal experts say such delays take a heavy toll on survivors. “The trauma experienced by survivors of sexual assault is profound and enduring, and each moment spent waiting for justice exacerbates their pain,” observed Justice Swarana Kanta Sharma of the Delhi High Court in a March 2024 ruling.

Advocate Shilpi Jain, who secured a conviction in just 11 days in the 2006 German tourist rape case in Alwar, Rajasthan, said the delays are avoidable. “Fast-track special courts are not fast at all. These cases rarely have many witnesses and could conclude in two months if handled with seriousness,” she said.

Senior advocate Rebecca John, however, questioned the very concept of FTSCs, calling them a “political gimmick.” She argued that prioritizing certain cases inevitably delays others, as the judicial docket is already overflowing.

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