Lok Sabha Question No. 6256 (UNSTARRED), answered on 2017-04-12
Subject: Fast Track Courts
Ministry: LAW AND JUSTICE
Asked by: RAJESH PANDEY

## GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE (DEPARTMENT OF JUSTICE)

## L O K    S A B H A UNSTARRED QUESTION NO. 6256

## TO BE ANSWERED ON WEDNESDAY, THE 12 TH  APRIL, 2017

## Fast Track Courts

## 6256.  SHRI RAJESH PANDEY:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether  the  working  of  Fast  Track Courts  dealing  with  rape cases are not upto the desired level;
- (b) if so, the number of cases pending in these courts in each State
- as on date; and
- (c) the number  of  courts  set-up/designated  for  cases  of  crimes against women and special courts established under POCSO Act, 2012 for cases of crimes against children?

## A N S W E R

## MINISTER OF STATE FOR LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI P.P. CHAUDHARY)

(a) to (b):   Setting up of the Subordinate Courts which include Fast Track Courts  (FTCs)/Special  Courts    lies  within  the  domain      of  the  State Governments which in consultation with the High Courts may set up such courts.  The Government of India proposed setting up of 1800 FTCs as a component of its Memorandum to the 14 th Finance Commission to dispose of  cases pertaining to heinous crimes including those of rape.   The 14 th Finance  Commission  while  noting    that  the  proposal  of  the  Government was  arrived  at  after  an  extensive  consultation  process  with  the  States, endorsed the proposal of the Government for incurring Rs.4144 crore and setting up of additional 1800 FTCs for a period of five years (2015-20).   The 14 th FC further advised the State Governments to use the additional fiscal space  provided  by  the  Commission  in  the  tax  devolution  to  meet  such requirements.

The Hon'ble Prime Minister vide his letter dated 23 rd April, 2015 has urged the State Governments to allocate funds for the activities mentioned in  the  14th  FC  recommendations  from  their  State  budget  from  2015-16 onwards. This issue was also discussed in the Conferences of the Chief Ministers of the State Governments and Chief Justices of the High Courts held on 05 th April,  2015  and  24 th April,  2016  respectively wherein  it  was resolved to strengthen the existing coordination and monitoring mechanism between the State Government and the Judiciary for effective implementation  of  the  recommendations  of  the  14 th FC.  The  Minister  of Law and Justice has further urged all the Chief Ministers of the States and Chief Justices of High Courts to implement  the resolution of the Conference vide letters dated 03 rd June, 2015 and 26 th September, 2016. The  data  in  respect  of  number  of  cases  pending  in  these  FTCs in each State as on date is not maintained centrally.  However, as per the information made available by the respective States, the number of cases pending in these FTCs which inter alia include cases of rape is annexed as Annexure-I. (c):     Section 28(1) of the Protection of Children from Sexual Offences Act, 2012 provides that for the purposes of providing a speedy trial, the State Government shall in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, designate for each district, a Court of Session to be a Special Court to try the offences under the Act provided that  if  a  Court  of  Session  is  notified  as  a  Children's  Court  under  the Commissions for Protection of Child Rights Act, 2005 or a Special Court designated for similar purposes under any other law for the time being in force, then, such court shall be deemed to be a Special Court under this section.    As  per  these  provisions,  it  is  for  the  State  Government  to  set up/designate the Special Courts. As per information available, number of Courts  so  set-up/designated  for  cases  of  crimes  against  women/crime against children under POCSO Act, 2012 is enclosed as Annexure-II.

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## ANNEXURE-I

STATEMENT REFERRED TO IN REPLY TO PARTS (a) & (b) OF THE LOK SABHA UNSTARRED  QUESTION  NO.6256 TO  BE  ANSWERED  ON  12 TH APRIL,  2017 REGARDING FAST TRACK COURTS.

|   S. No | State             | Cases Pending as on           |
|---------|-------------------|-------------------------------|
|       1 | Andhra Pradesh    | 6778 as on March 31, 2016     |
|       2 | Arunachal Pradesh | -                             |
|       3 | Assam             | 5769 as on December, 12, 2015 |
|       4 | Bihar             | -                             |
|       5 | Chhattisgarh      | 2966 13 on June 30, 1016      |
|       6 | Delhi             | 658 as on July 31, 2016       |
|       7 | Goa               | 2521 as on August 31, 2016    |
|       8 | Gujarat           | -                             |
|       9 | Haryana           | 1553 as on December 31, 105   |
|      10 | Himachal Pradesh  | -                             |
|      11 | Jammu & Kashmir   | -                             |
|      12 | Jharkhand         | 2200 as on December, 31, 2015 |
|      13 | Karnataka         |                               |
|      14 | Kerala            | 3692 as on December, 31, 2015 |
|      15 | Madhya Pradesh    | -                             |
|      16 | Maharashtra       | -                             |
|      17 | Manipur           | -                             |
|      18 | Meghalaya         | 202 as on January 31, 2011    |
|      19 | Mizoram           | -                             |
|      20 | Nagaland          | -                             |
|      21 | Odisha            |                               |
|      22 | Punjab            | 1292 as on January 31, 2016   |
|      23 | Puducherry        | -                             |
|      24 | Rajasthan         |                               |
|      25 | Sikkim            | 4 as on March 31, 2016        |
|      26 | Tamil Nadu        | -                             |
|      27 | Telangana         | 6602 as on March 31, 2016     |
|      28 | Tripura           | 1751 as on December 31, 2015  |
|      29 | Uttar Pradesh     | 41001 December 31, 2015       |
|      30 | Uttarakhand       | 161 as on May 31, 2016        |
|      31 | West Bengal       | 33510 as on July 31, 2016     |

STATEMENT  REFERRED  TO  IN  REPLY  TO  PART  (c)  OF  LOK  SABHA UNSTARRED  QUESTION  NO.6256 TO  BE  ANSWERED  ON 12 TH APRIL,  2017 REGARDING FAST TRACK COURTS.

Special Courts set-up/designated for cases of crimes against women and for cases of crimes against children under  POCSO Act, 2012

| S.No.      | Name of the State/UT     | Number of Courts for cases of   | Number of Courts for cases of                 |
|------------|--------------------------|---------------------------------|-----------------------------------------------|
| S.No.      | Name of the State/UT     | Crimes against women            | Crimes against children under POCSO Act, 2012 |
| 1          | Andhra Pradesh/Telangana | 24                              | 23                                            |
| 2          | Arunachal Pradesh        | *                               | 5                                             |
| 3          | Assam                    | 3                               | 27                                            |
| 4          | Bihar                    | *                               | 38                                            |
| 5          | Chhattisgarh             | 16                              | 16                                            |
| 6          | Chandigarh               | 1                               | *                                             |
| 7          | Goa                      | *                               | 1                                             |
| 8          | Gujarat                  | *                               | 33                                            |
| 9          | Haryana                  | 21                              | 21                                            |
| 10         | Himachal Pradesh         | *                               | 12                                            |
| 11         | Jammu & Kashmir          | 5                               | *                                             |
| 12         | Jharkhand                | 11                              | 24                                            |
| 13         | Karnataka                | 10                              | 30                                            |
| 14         | Kerala                   | 1                               | 14                                            |
| 15         | Maharashtra              | 27                              | 33                                            |
| 16         | Meghalaya                | 1                               | 4                                             |
| 17         | Manipur                  | *                               | 9                                             |
| 18         | Madhya Pradesh           | 50                              | 50                                            |
| 19         | Mizoram                  | *                               | 2                                             |
| 20         | Nagaland                 | *                               | 11                                            |
| 21         | Odisha                   | 30                              | 30                                            |
| 22         | Punjab                   | 20                              | 22                                            |
| 23         | Rajasthan                | 9                               | 33                                            |
| 24         | Sikkim                   | 1                               | 4                                             |
| 25         | Tamil Nadu               | 32                              | 32                                            |
| 26         | Tripura                  | 2                               | 8                                             |
| 27         | Uttarakhand              | *                               | 13                                            |
| 28         | Uttar Pradesh            | 80                              | 75                                            |
| 29         | West Bengal              | 48                              | 20                                            |
| 30 Andaman | &Nicobar                 | *                               | 1                                             |
| 31         | Chandigarh               | *                               | 1                                             |
| 32         | Daman and Diu            | *                               | *                                             |
| 33         | Delhi                    | 6                               | 11                                            |
| 34         | Dadar & Nagar Haveli     | *                               | 1                                             |
| 35         | Lakshadweep              | *                               | 1                                             |
| 36         | Pondicherry              | *                               | *                                             |
| Total      |                          | 398                             | 605                                           |