In News:

Fast-track special courts (FTSCs) are much more efficient than other courts in handling rape cases and those related to the Protection of Children from Sexual Offences (POCSO) Act, a report released by the India Child Protection.

Key Details:

West Bengal's Performance

• West Bengal recorded less than a 2% disposal rate for rape and POCSO cases, the lowest in India.
• Only five out of 123 earmarked FTSCs are currently functioning in the state.

Overview of the India Child Protection (ICP)

• Established in 2005, the ICP is dedicated to combatting child sexual abuse and related crimes, including:
  • Child trafficking
  • Exploitation of children in the digital space
  • Child marriage

Efficiency of FTSCs

• The ICP report titled "Fast Tracking Justice" highlighted that FTSCs disposed of 83% of cases in 2022, compared to 10% by conventional courts.
• As of August 2023, 755 out of 1,023 earmarked FTSCs were operational.
• Among these, 410 FTSCs are exclusively for POCSO cases.

Historical Context

• The FTSC scheme was launched by the Centre in October 2019, following a Supreme Court directive for ensuring the swift disposal of cases, related to rape and those coming under the Protection of Children from Sexual Offences (POCSO) Act.
• It is a centrally sponsored scheme.
• Implemented by the Department of Justice, Ministry of Law and Justice.

Case Disposal Statistics

• FTSCs have disposed of 52% of the 4,16,638 rape and POCSO cases since the scheme's inception.
• Disposal rates improved from 83% in 2022 to 94% in 2023.

State-wise Disposal Rates

• Top Performing States:
  • Maharashtra: 79.5%
  • Punjab: 71.3%
  • Kerala (Southern India): 69.5%
  • Karnataka: 62.2%
  • Tamil Nadu: 58.4%
• Lowest Performing States:
  • West Bengal: 1.6%
  • Jammu and Kashmir: 25%
  • Meghalaya: 26.6%
  • Delhi: 28.3%

Note: No data was available for Arunachal Pradesh, Ladakh, and Sikkim.

Need for Additional FTSCs

• The ICP report states that India needs at least 1,000 more FTSCs to manage the backlog effectively.
• The backlog of pending cases rose from 2,81,049 in 2020 to 4,17,673 by the end of 2022.

Advocacy for Reform

• Bhuwan Ribhu, a child rights activist, emphasized the urgent need for FTSCs to ensure justice for victims:
  • Investment in the safety and security of women and children is crucial.
  • All pending cases should be resolved within the next three years.
  • Rehabilitation and compensation for victims should be prioritized.
  • Time-bound policies for case disposal across all courts are necessary.

Funding and Resource Utilization

• The ICP report recommends optimizing the Nirbhaya Fund, created after the 2012 Delhi gang rape, to support additional FTSCs.
• There is currently ?1,700 crore unutilized, while the requirement for operationalizing new FTSCs is ?1,302 crore.