Lok Sabha Question No. 419 (UNSTARRED), answered on 2018-12-12
Subject: Special Courts
Ministry: LAW AND JUSTICE
Asked by: R. GOPALAKRISHNAN, MANSHANKAR NINAMA

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO.419

## TO BE ANSWERED ON WEDNESDAY, THE 12 th  DECEMBER, 2018

## Special Courts

## 419. SHRI R. GOPALAKRISHNAN: SHRI MANSHANKAR NINAMA:

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

- (a) whether the Government has any scheme to set up special courts to settle the cases of crimes against women and children in a speedy manner;
- (b) if so, the details and the status thereof, State-wise;
- (c) whether the Government has taken any measures to increase the number of  courts  in  the  country  with  a  view  to  settle  backlog  of  such  pending cases; and
- (d) if so, the details thereof and if not, the reasons therefor?

## ANSWER

## Minister of State for Law & Justice and Corporate Affairs (SHRI P.P. CHAUDHARY)

(a) to (d): Setting  up  of  subordinate  courts,  including  Special  Courts  lies within the domain of the State Governments who set up such courts as per their need and resources, in consultation with the concerned High Courts.

The Union Government had submitted a Memorandum to the 14 th Finance Commission for strengthening of the judicial system in states  for an estimated expenditure  of  Rs.9749.00  crore,  which,  inter-alia,  included  establishment  of 1800 Fast Track Courts for  expeditious  trial  and  disposal  of  cases  of  heinous crimes involving women, children, senior citizens etc. at an estimated expenditure of Rs.4144.00 crore. The Commission endorsed the proposal of the Government and urged the State Governments to use the additional fiscal space provided in the form of enhanced tax devolution (from 32% to 42%) to meet funding requirements for setting up of such courts. The State-wise breakup of number  of  Fast  Track  Courts  to  be  established  and  financial  implication involved are given in the Annexure.

Recently,  the  Government  of  India  has  enacted  the  'The  Criminal  Law (Amendment) Act, 2018 which has, inter alia, effected amendments in the IPC, Cr.PC,  The  Indian  Evidence  Act  and  the  POCSO  Act,  and  has  brought  in stringent  provisions  for  expeditious  trial  and  disposal  of  cases  exclusively pertaining to sexual offences against women and children.

STATEMENT REFERRED TO IN REPLY TO PARTS (a) to (d) OF THE LOK SABHA UNSTARRED QUESTION NO.419 TO BE ANSWERED ON THE 12 th  DECEMBER, 2018

State-wise breakup of requirement of funds for establishment of Fast Track Courts (FTCs)  for  a  period  of  five  years  (2015-2020)  as  endorsed  by  the  14 th Finance Commission:

| S.No   | Name of the State             |   Funds (Rs. in crore) |   Number of FTCs to be established |
|--------|-------------------------------|------------------------|------------------------------------|
| 1.     | Andhra Pradesh                |                 108.21 |                                 47 |
| 2.     | Telangana                     |                  85.18 |                                 37 |
| 3.     | Assam                         |                  82.88 |                                 36 |
| 4.     | Arunachal Pradesh             |                   0    |                                  0 |
| 5.     | Mizoram                       |                  16.12 |                                  7 |
| 6.     | Nagaland                      |                   6.91 |                                  3 |
| 7.     | Bihar                         |                 338.43 |                                147 |
| 8.     | Chhattisgarh                  |                  64.46 |                                 28 |
| 9.     | Gujarat                       |                 400.59 |                                174 |
| 10.    | Himachal Pradesh              |                  29.93 |                                 13 |
| 11.    | Jammu & Kashmir               |                  48.35 |                                 21 |
| 12.    | Jharkhand                     |                 115.11 |                                 50 |
| 13.    | Karnataka                     |                 218.72 |                                 95 |
| 14.    | Kerala, Lakshadweep           |                  94.39 |                                 41 |
| 15.    | Madhya Pradesh                |                 306.2  |                                133 |
| 16.    | Maharashtra, D&N, Daman & Diu |                 469.67 |                                204 |
| 17.    | Goa                           |                  11.51 |                                  5 |
| 18.    | Manipur                       |                   6.91 |                                  3 |
| 19.    | Meghalaya                     |                   9.21 |                                  4 |
| 20.    | Orissa                        |                 145.04 |                                 63 |
| 21.    | Punjab                        |                 115.11 |                                 50 |
| 22.    | Chandigarh                    |                   4.61 |                                  2 |
| 22.    | Haryana                       |                 110.51 |                                 48 |
| 23.    | Rajasthan                     |                 214.11 |                                 93 |
| 24.    | Sikkim                        |                   2.3  |                                  1 |
| 25.    | Tamil Nadu, Puducherry        |                 204.91 |                                 89 |
| 26.    | Tripura                       |                  20.72 |                                  9 |
| 27.    | Uttar Pradesh                 |                 488.08 |                                212 |
| 28.    | Uttarakhand                   |                  64.46 |                                 28 |
| 29.    | West Bengal, A&N Islands      |                 216.42 |                                 94 |
| 30.    | Delhi                         |                 145.05 |                                 63 |
| Total  | Total                         |                4144.11 |                               1800 |