India's Fast-Track Courts Struggle With 89% Pendency Rate In POCSO Cases: Report (image: AI)

Set up to expedite justice for victims of sexual violence, India’s fast-track courts are struggling to meet their intended purpose, with the pendency rate for cases under the Protection of Children from Sexual Offences (POCSO) Act, 2012, reaching a staggering 89.2 percent in 2022. Out of 268,038 cases filed under the Act, 239,188 remained pending, according to the National Crime Records Bureau (NCRB).

Despite establishing  these specialised courts, the lack of proper infrastructure, judicial resources, and specialised training has led to significant delays in case disposals, reported IndiaSpend. A study by Vidhi Centre for Legal Policy, an independent think tank centred on public policy and legal research, revealed that the average time for a Fast Track Special Courts Scheme to dispose of a POCSO case in 2022 was 509.78 days, far exceeding the one-year timeline stipulated by Section 35 of the POCSO Act.

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What Are FTSCs?

Fast-track courts (FTSCs) were introduced in 2019 as part of a Centrally Sponsored Scheme following the enactment of the Criminal Law (Amendment) Act, 2018, which, among other provisions, introduced the death penalty for those convicted of rape. However, despite the government’s efforts, these courts are increasingly burdened, with 204,122 cases still pending, based on reports.

There are discrepancies in government data regarding the exact number of FTSCs.

The Department of Justice claims 747 FTSCs are operational, including 406 exclusively for POCSO cases, while Minister of State for Law and Justice, Arjun Meghwal, stated in December 2024 that 863 FTSCs were functioning as of October 2024.

However, the 14th Finance Commission had recommended setting up 1,800 FTSCs to address pending cases related to women, children, and other vulnerable groups, but only a fraction of this recommendation has been implemented, reported IndiaSpend.

Launched with an initial outlay of Rs 767.25 crore, the scheme has been extended twice and now runs until March 31, 2026, with an allocation of Rs 75 lakh per court annually. According to experts, this funding barely covers the operational costs, leaving many FTSCs struggling to cope with the volume of cases.

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Challenges Faced By FTSCs

Lack of Specialised Judicial Training: Many judicial officers handling POCSO cases lack experience in dealing with child abuse cases, prolonging trials and reducing conviction rates. Priyamvadha Shivaji, a research fellow at the Vidhi Centre, emphasised the importance of having judges trained to handle sensitive cases involving vulnerable victims, particularly children.

Judicial Vacancies: Many FTSCs rely on existing court infrastructure, often outdated and inadequate. A 2019 study found that nearly 60 percent of court complexes lacked essential facilities, including functional toilets and first-aid kits. Around 83 percent of district courts do not have a Vulnerable Witness Deposition Centre, crucial for child victims and witnesses with disabilities or mental illnesses. Judicial vacancies currently stand at 20.4 percent.

Lack of Dedicated Spaces: With barely any victim rooms in FTSCs, traumatised individuals are forced to wait in corridors. “It’s important to design courts with victim-friendly spaces, especially for vulnerable witnesses like children,” said Natasha S, legal coordinator at Majlis Law, a rights organisation, as quoted by IndiaSpend.

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Although FTSCs are meant to be temporary institutions, their transient nature discourages long-term investment and proper planning. Courts like those in Mumbai, initially set up as fast-track courts, have been disbanded, with cases being transferred to regular courtrooms, further delaying trials, as per IndiaSpend.

Furthermore, procedural delays, including paperwork, non-receipt of forensic science reports, and the lack of police witnesses, slow down the judicial process. These administrative hurdles prevent FTSCs from achieving their primary objective: delivering swift justice.

(With inputs from other agencies)