Lok Sabha Question No. 2072 (UNSTARRED), answered on 2023-12-15
Subject: Fast Track Court
Ministry: LAW AND JUSTICE
Asked by: Ashok Kumar Rawat

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

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## LOK SABHA

UNSTARRED QUESTION NO. 2072 TO BE ANSWERED ON FRIDAY, THE 15 TH  DECEMBER, 2023

## FAST TRACK COURT

2072.  SHRI ASHOK KUMAR RAWAT:

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

- (a)    whether  any  notice  has  been  issued  by  the  Supreme  Court  to  the  Union Government and the State Governments for constituting fast track courts for speedy trial of all the cases of rape and security of women on January 2, 2013; and
- (b) if so, the details thereof?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS; AND MINISTER OF STATE IN THE MINISTRY OF CULTURE (SHRI ARJUN RAM MEGHWAL)

- (a) & (b) : Yes, Sir.  A notice was issued to the Central Government by the Hon'ble Supreme Court of India in the Writ Petition (Civil) No.568 of 2012 on 4.01.2013. The writ petition pertained to the protection of women and children against heinous crimes. The Government of India took immediate steps for the establishment of FTCs by urging the High Court Chief Justices to prioritize the prompt handling of pending rape cases  through  setting  up  of  FTCs.  A  similar  request  was  also  made  to  the  Chief Ministers of the States. The  14th  Finance  Commission  (FC)  set  up  by  the  Government  of  India  had recommended the setting up of 1800 FTCs during 2015-2020 for speedy trial of specific cases of heinous nature, civil cases related to women, children, senior citizen, disabled

persons,  persons  infected  with  terminal  ailments  etc.  and  property  related  cases pending for more than 5 years. Setting up of Fast Track Courts (FTCs) and allocation of funds is required to be done by the State Governments as per their need and resources, in  consultation  with  the  respective  High  Courts.  The  FC  had  urged  upon  the  State Governments to utilize enhanced fiscal space available through tax devolution (32% to 42%) for this purpose. The Union Government has also urged the State Governments/UTs to allocate funds for the setting up of FTCs from the Financial Year 2015-16 onward. In this regard, the State Governments/ UTs have set up 848 FTCs as on 31.10.2023.

To  implement  the  Criminal  Law  (Amendment)  Act,  2018  and  comply  with  the directives  of  the  Supreme  Court  to  establish  Special  Courts  exclusively  dealing  with POCSO Act cases, the Government devised a Centrally Sponsored Scheme in August 2019.  This  Scheme  aimed  to  establish  Fast  Track  Special  Courts  (FTSCs),  including exclusive POCSO Courts nationwide for expeditious disposal of rape and POCSO Act cases. The FTSC Scheme was launched initially for one-year w.e.f. 02.10.2019 spread over  two  Financial  Years  2019-20  and  2020-21  at  a  total  outlay  of  ₹  767.25  Cr.  with ₹  474  Cr.  as  Central  Share.  The  Cabinet  in  its  meeting  held  on  04.08.2021  further approved the continuation of the Scheme for two more financial years (FY 2021-22 and FY 2022-23) up to 31.03.2023 at a total outlay of ₹ 1572.86 Cr. with ₹ 971.70 Cr. as central share.

The Union Cabinet has now extended the Scheme for another three years i.e. from 01.04.2023 to 31.03.2026 at a total outlay of Rs. 1952.23 cr. with Rs. 1207.24 cr. as Central Share. The Central share is to be met from the Nirbhaya Fund. The fundsharing pattern of the Scheme is 60:40 (Centre: State) and 90:10 for the North Eastern and  3  Himalayan  States/UTs.  However,  100%  Central  fund  is  provided  for  Union Territories without legislature.

As  per  the  data  submitted  by  High  Courts,  as  on  31.10.2023,  758  FTSCs including 412 exclusive POCSO Courts are functional in 30 States/UTs. These courts have disposed more than 2,00,000 cases as on 31.10.2023.

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