Author: Shruti, Shri Ramswaroop Memorial University
To the Point
Fast Track Courts are the special courts whose main function is to make the judicial process fast in administering justice. It focuses on the crime which are heinous in nature such as crime against women, children i.e., sexual offenses and they deal with cases which are pending from long time. The state government set up these courts in consultation with their respective High Courts. Initially funding to establish the Fast Track Courts is given by the Central government through the schemes. Cases related to POCSO Act, rape etc are dealt within the Fast Track Special Courts. Fast Track Courts also deal with civil cases, property disputes which are pending from long time and reduce the backlogs. As the crime grew and the courts are unable to process judgement many cases start pending in the courts and crime against women and children also grew and they became the most vulnerable class of society. Rape cases were increasing day by day and need to administer justice become hectic in slow process of the courts and then the 11th Finance Commission from 2002 to 2005 has felt the need to establish the Fast Track Courts. After that the Commission the Ministry of Home Affairs, has provided the fund for establishing the additional courts for the long pending cases, and for this purpose the fund of 502.90 crore was granted and 1734 Fast Track Courts were set up in India. But at the end of the decade, there would be shift and the central government stop giving fund to the Fast Track Courts for its functioning. But after the Nirbhaya case the Department of Justice, Ministry of Law and Justice start giving funding for the POCSO courts i.e., sexual offenses against children and women. For women and children Fast Track Courts are made to make their lives better. They relieve the women from sexual assault by the proper procedural methods. But the Fast Track Courts in India faces various challenges such as lack of infrastructure and they work exactly the same ways as subordinate courts work and also the judges are burdened with too much work which effect its functioning.
Use of Legal Jargon
The main purpose of the Fast Track Court is to expediate trial which generally means that the less time will be taken to complete the trial. Conviction rates and the psychological relief increases. Legal deterrence reduces the crime by deterring the potential offenders which reduces the crime against the women.
Proof
Fast Track Special Courts are very helpful and can be shown by various data. Data shows that rape and POCSO Act cases have high disposal rate if 96.28%. Also 85,595 cases were solved by the Fast Track Courts and 88,902 new cases have been initiated in the year 2024. The latest data states that the Nirbhaya Fund has provided the 1952.23 crore of fund for the Fast Track Courts which is active until 2026 and is mentioned by the government. Fast Track Special Courts are working efficiently to provide justice and can be understand by the data. Fast Track Special Courts solves 41 to 42 cases every three months and 165 cases were annually solved by them. Vulnerable Witness Deposition Centres are implemented for the well being of the child victims.
Abstract
Justice is one of the most important factor for the criminal justice system. Every criminal justice system or we can say the courts are the way to provide justice to the people but when these people didn’t get justice on time then the system start failing and same is going that people are not getting justice timely, backlogs are created and women’s and children rights are violated badly and due to which the Finance Commission established the Fast Track Courts. This article deals with the Fast Track Courts, their role in providing justice and to maintain peace. Article also mentions how Fast Track Courts get evolved through time and what are the challenges it is facing and how it affect justice and having the same technicalities as the conventional courts. The purpose is only to deliver the justice to upholds the rights of the vulnerable citizens.
Case Laws
Brij Mohan Lal v. Union of India (2002)
The case was filed under the article 226 and 227 of the Constitution of India by the petitioner. The writ of quo warranto and the prohibition should be granted in order to stop the appointment of the retired district judges and the session judges as ad hoc judges of the Fast Track Courts and instead of them the members of the Bar or from the lower judiciary should be appointed. The judgement was given by the Supreme court of India on 19 April, 2012 and the Supreme court upheld the appointment of the retired judges as judges were appointed for the short period of time and until the Fast Track Court is functioning. If the FTC terminate then the judges would also get terminate without notice.
Hussainara Khatoon v. Home Secretary of India
This case states about the speedy trial and is considered Fundamental right under the article 21 of the Constitution of India and hence the Fast Track Courts aims the same.
Suo Moto v. State of Rajasthan
Suo moto petition should be registered as a Public Interest Litigation as it is ordered by the Supreme court. Supreme court can take cognisance of the POCSO Act offenses which has to the establishment of the Fast Track Courts. This is mainly for the purpose to dispose the cases speedily which is basically the POCSO Act cases.
Conclusion
Women and children are considered the most sensitive part of the society and they need to be protected. Women faces the harassment in their marriage life as domestic violence and rape is the most heinous crimes. Children and girls below 18 years of age when harassed or raped then such cases falls under the purview of the POCSO court and whose cases are dealt by the Fast Track Courts. Although judiciary is performing its function but the process is very slow and it needs support and during slow process arrested person and the victims has to undergo through the difficult phases and the society fails to accept the accused unless acquitted or convicted. Not only them but also the parties involved in the civil cases or any other matter in which people are waiting for the justice but it was delayed. Fast Track Court was brought and Fast Track Special Courts are established for the more protection of the women. For the development of the country and to protect it from the crime the emergence of the Fast Track Court is useful, although it has some limitations. To ensure shift and giving justice it is important. It is good approach towards the Indian Justice System. Case disposal rate has been increased and the quicker justice is provided.
FAQS
Whether the Fast Track Courts and the Fast Track Special Courts both can be considered same or they are different?
No, both are not same as Fast Track Courts addresses the vast range of cases including the civil cases pending for long time but Fast Track Special Court addresses only POCSO Act cases and the rape cases however both aims to expediate the trials.
Is there any overlapping in the function of the Fast Track Court and the Conventional Courts?
Yes, FTC and the conventional courts overlap in the areas of the criminal cases as FTC solve cases that have more societal impact while others are solve by the conventional courts. Those cases which are not the priority of the FTC are solved by the conventional courts.
Does the duration of the Fast Track Courts is permanent?
No, FTC are setup for the period of three years and later it can be extended. Initially it is set up for 1 year but then its duration was extended.
