Abstract
This article is based on mooted solution of escalating crime in India, which is not solved by the normal courts. By time to time the crime rate is increasing rapidly without delay any seconds. Fast Track Court is special type of courts with exclusively jurisdiction over a particular category of case. In this we will try to understand the concept of fast-track court, how it works, their challenges. The article also examines the roles played by the Fast-Track Courts, further referred as FTCs and how they have affected the massive backlog of litigation in the Indian legal system. Although preliminary results indicate that FTCs have made a substantial contribution to the reduction of pendency in some case categories, their effectiveness has been hampered by issues including resource constraints and worries about procedural rigor. The paper emphasizes the role that FTCs play in the socio-legal sphere and proposes thoughtful changes to increase their sustainability and efficacy.
Keywords: – Fast Track Court, Indian Judiciary, sexual offence, POCSO Act, Justice delivery, Legal reform
Introduction
It has been noted that the prolong legal system in India is a major contributing factor to the low conviction rate. The Fast Track Court is specially established for the heinous crime such as rape where a strong mental element of the perpetrator is involved. Fast justice can be delivered in the court. After the “Nirbhaya” case, the state government across India took initiative to deal with case Sexual violence against women and decided to establish the fast-track court for the effective result.
The central government proposed to fund to establishment of about 1,800, fast track court across India in September to try cases on specific subject matter, related to sexual offences. Further, last year in Bangalore the child sexual abuse case hits the headlines, the CM of Karnataka proposed to set up more fast track court specifically dealing with the child sexual abuse. Most recently, well-known judges and attorneys took advantage of International Women’s Day on March 2023 to reaffirm their requests for the creation of more fast-track courts.
What is Fast Track Court?
A “Fast Court” typically refers to a special judicial mechanism or type of court designed to expedite the handling of certain types of cases, ensuring that justice is delivered more swiftly than in the regular court system. These courts aim to reduce case backlogs and provide timely resolution, especially in cases where delay could result in significant harm of injustice.
Historical Background
The Central Government established Fast Track Courts as a model to expedite cases that were long pending and mostly involved legal issues from session courts. The first time Fast Track Court was recommended by the 11th Finance Commission ended on 31st march 2015. It devised a plan to build 1734 Fast Track courts across India. A “special issue and upgradation grant” of Rs. 502.90 crores were approved by the Ministry of Finance for the administration of justice.
The Fast Track Court are ad hoc tribunals created specifically for case involving horrible crimes, civil lawsuits involving women, youths, seniors, HIV/AIDS, etc.; and property cases that have been outstanding for more than 5 years.
After its initial five-year tenure ended in 2005, the Finance Commission extended it until 2010 in order to maintain the 1,562 quick track courts that were already in place. Fast track courts were popularized in 2000 and had many different workings. The establishment of a fast-track commercial division at each High Court as a permanent fast track court to handle high-value business matters was recommended in the 188th Law Commission Report. The Law Commission recognized the value of fast-track courts in 2008 when it came to handling the problem of the buildup of check bouncing cases, but it was only recommended as an ad hoc solution.
Fast Track Courts have frequently been suggested as a remedy for the protracted backlogs that impede the operation of “normal” courts in India, especially during periods when crime is either actually increasing or is thought to be increasing. Fast track courts are being suggested more and more as a way to ensure justice and deterrence in cases of sexual violence against women in the wake of several highly publicized cases of this kind over the past few years, beginning with the December 2012 ‘Nirbhaya’ sexual assault case.
Key Features of Fast Courts:
- Speedy Trials: – The Fast Court is majorly works with high speed. These court delivers the justice more highly than the normal courts. It is designed to handle cases more quickly by shortening procedural timelines and prioritizing cases that requires urgent attention.
- Specialization: – Often, Fast Courts are specialized to handle some specific types of cases, which is heinous like rape, sexual child abuse, family law dispute, criminal cases or cases involving public interest.
- Simplified Procedures: – Fast Courts frequently streamline their procedural rules in order to minimize backlogs and guarantee prompt case resolution. Less document is required for filing cases, motion, and evidence. Forms are often standardized and simplified.
- Limited Appeals: – Less number of cases are filed in the fast-track court. There are specific cases such as rape and sexual child abuse.
Performance of Fast Track Court
There is specific advantage of the working the fast-track court are listed as;
Highly rate of disposal
Over 1.74 million cases pertaining to POCSO Act and rape had been successfully resolved by the FTSCs as of June 2023. This illustrates the major contribution these specialist courts make to giving victims of sexual offenses prompt justice. Additionally, it demonstrates how the Fast-Track Courts high case resolution and quick justice delivery rates help the Indian legal system provide timely justice to its citizens. 763 FTSCs are currently functional across 29 States and Union Territories. Among these, 412 courts are exclusive POCSO Courts.
Economical Viable Solution
The plan was special in that it would work out to be economical. This was the case because, during their first year of operation, the new courts were tasked with handling only matters that were still pending. Since most undertrials had been imprisoned for lengthier periods of time than the offense called for, they were almost all expected to be released immediately. Undertrials were people who had been booked for small or minor offenses.
Accredits, Ability and Effectiveness
The Fast Track Courts give the Indian judiciary a high level of competency and effectiveness in how they operate thanks to their high disposal rate and quick rate of justice delivery.
They support the promotion of high levels of efficacy and efficiency in their operations so that prompt justice delivery can be guaranteed without sacrificing its quality.
Encourages Expertise and Competency
The judges who preside over the Fast Track Courts are chosen from a variety of social backgrounds and has prior job experience and specialty in the areas in which they have chosen to focus, thereby promoting professionalism and specialization in a particular area of law.
Challenges of Fast Track Court
The following are some of the difficulties that Fast Track Courts in India have to deal with:
Inadequate infrastructure and a low rate of disposal
Cases in these special courts are not being resolved as quickly as they could be due to inadequate infrastructure and low case disposal rates, which leaves judges overworked and unable to handle further cases on top of their current caseload. Delhi’s FTSCs had one of the lowest disposal rates in the nation, at 19%, according to the Ministry of Law and Justice until May 2023. Cases heard by these special courts need to be resolved in less than a year.
Excessive Pressure
The pressure on judges to quickly dispose of cases affects the quality of justice delivered.
Less Training and More Vacancies
Another obstacle to the efficient operation of fast-track courts that impairs their ability to process cases is a shortage of training and open positions. In 2022, there were 23% of vacancies in India’s subordinate courts. FTSCs frequently employ regular judges who are deputed from regular courts. But in order for these courts to hear cases efficiently and swiftly, their judges must possess specialized expertise.
Case Laws
Criminal Case
- State of Gujarat v. Akshardham Temple Attack Case,
Citation: [State of Gujarat v. Akshardham Temple Attack case, (2002) 8 SCC 198]
In under two years, the Ahmedabad FTC found all 16 defendants guilty. The lawsuit concerned a terrorist incident that took place in 2002 at Gandhinagar, Gujarat’s Akshardham Temple. 33 individuals were killed and around 80 others were injured in the incident.
Civil Case
- Land Dispute in West Bengal,
Citation: [Land Dispute in West Bengal, (2010) 2 SCC 207]
One well-known example of a complicated civil case that frequently takes years to resolve in the ordinary court system is the land dispute in West Bengal. In this instance, tensions and the development of the local community were being hampered by a land ownership dispute between two parties.
The fast-track court’s intervention made it possible for the local community to proceed with its development plans while also effectively resolving the land issue and avoiding it from worsening.
Conclusion
The establishment of Fast-Track Courts (FTCs) has become imperative in mitigating the enormous backlog and delays in India’s legal system, particularly in cases pertaining to egregious offenses such as child abuse, sexual violence, and terrorism. They have demonstrated great potential in bringing about a focused judicial strategy, increasing the speed at which cases are resolved, and hastening the process of justice. As of June 2023, FTCs had resolved over 1.74 million cases of sexual violence and POCSO-related crimes, proving their effectiveness in bringing cases to a quick conclusion where delays would otherwise result in serious harm. The public’s trust in the Indian judiciary has been restored by their high case disposition rates and expertise in delicate issues.
In addition to clearing up the backlog of cases, these specialist courts have improved public confidence in the legal system. They must to be kept around as an essential instrument for carrying out justice.
Reference
- Law Commission of India (2008). 188th Report on Fast-Track Courts.
- Ministry of Law and Justice. (2023). Data on case Disposal in Fast-Track Special Courts.
- Supreme Court of India Judgements, (2002) 8 SCC 198, State of Gujarat v. Akshardham Temple Attack case.
- Supreme Court of India Judgements, (2010) 2 SCC 207, West Bengal Land Dispute Case.
- Ministry of Finance, India. (2000). Report of the 11th Finance Commission.
