Lok Sabha Question No. 4273 (UNSTARRED), answered on 2024-12-20
Subject: FTSCs for Atrocities against Women and Children
Ministry: LAW AND JUSTICE
Asked by: Smt. Dhanorkar Pratibha Suresh

## LOK SABHA UNSTARRED QUESTION NO. 4273 ANSWERED ON - 20/12/2024

## FTSCs FOR ATROCITIES AGAINST WOMEN AND CHILDREN

## † 4273 . SMT. DHANORKAR PRATIBHA SURESH :

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

- (a) whether  the  Government  is  contemplating  to  increase  the  number  of  Fast  Track  Special  Courts (FTSCs) launched by the Government in 2019 for cases of atrocities against women and children;
- (b) if not, the details of the scheme developed by the Government for quick disposal of cases of atrocities against women and children;
- (c) whether a number of cases are still pending even after the launch of FTSC Scheme in 2019; and
- (d) the time frame for FTSC to complete the trial?

## ANSWER

## MINISTER  OF  STATE  (INDEPENDENT  CHARGE)  OF  THE  MINISTRY  OF  LAW  AND  JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS

## ( SHRI ARJUN RAM MEGHWAL )

(a)  &  (b):  A  Centrally  Sponsored  Scheme  for  setting  up  Fast  Track  Special  Courts  (FTSCs)  including exclusive  POCSO  Courts  for  expeditious  trial  and  disposal  of  Rape  and  POCSO  Act  cases  came  to  be introduced, following the enactment of the Criminal Law (Amendment) Act, 2018 and the order of Hon'ble Supreme Court [Suo Motu Writ (Criminal) No. 1/2019]. The Scheme has been extended twice, with the latest  extension  up  to  31 st March  2026,  targeting  the  establishment  of  790  courts,  after  securing  the approval of the Union Cabinet. As per the inputs received from the High Courts, as on 31.10.2024, 750 FTSCs including 408 exclusive POCSO Courts are functional in 30 States/UTs. These courts have disposed more  than  2,87,000  cases  as  of  31.10.2024.  The  Central  Government  is  coordinating  with  State Governments and respective High Courts through regular review meetings and correspondences to achieve the target of establishing 790 FTSCs.

(c) The disposal of pending cases is within the exclusive domain of the judiciary, wherein the Government has no direct role as such. There are several reasons that lead to delay in disposal of cases in courts which, inter-alia, include availability of physical infrastructure, complexity of facts involved, nature of evidence, co-operation of stake holders viz. bar, investigation agencies, witnesses and litigants and proper application of rules and procedures. Other factors that lead to delay in disposal of cases include frequent adjournments and lack of adequate arrangement to monitor, track and bunch cases for hearing. Moreover, the Criminal Justice  System  functions  on  assistance  by  various  agencies  viz.  Police,  Prosecution,  Forensic  Labs, Handwriting Experts and Medico-Legal Experts.

As per the information received from the High Courts, there is an overall pendency of 2,03,786 cases in FTSCs  including  exclusive  POCSO  Courts  despite  a  disposal  of  more  than  2,87,000  cases  since  the inception  of  the  Scheme.  State/UT-wise  details  of  pendency  across  FTSCs  including  exclusive  POCSO Courts are given at Annexure .

(d)  The Bhartiya Nagarik Suraksha Sanhita, 2023, establishes a prescribed timeline for the trial of rape cases. In accordance with the proviso to Section 346(1), the trial pertaining to rape cases must be concluded within  a  period  of  two  months  from  the  date  of  filing  the  chargesheet.  Furthermore,  Section  35  of  the Protection of Children from Sexual Offences (POCSO) Act, 2012, requires that trials under its purview be completed within one year from the date of taking cognizance of the offence.

***

## STATEMENT REFERRED TO IN REPLY TO PART (C) OF LOK SABHA UNSTARRED QUESTION NO. 4273 FOR ANSWER ON 20.12.2024 REGARDING 'FAST TRACK SPECIAL COURTS FOR ATROCITIES AGAINST WOMEN AND CHILDREN'

## State/UT wise details of Pendency across Fast Track Special Courts including exclusive POCSO Courts

## (As on 31.10.2024)

| Sl. No.   | State/UT         | No. of Pending cases   | No. of Pending cases   | No. of Pending cases   | No. of Pending cases   | Cumulative Pendency   |
|-----------|------------------|------------------------|------------------------|------------------------|------------------------|-----------------------|
| Sl. No.   | State/UT         | Combined FTSCs         | Combined FTSCs         | Combined FTSCs         | Exclusive              |                       |
| Sl. No.   | State/UT         | Rape                   | POCSO                  | Total                  | POCSO                  |                       |
| 1         | Andhra Pradesh   | 0                      | 0                      | 0                      | 6594                   | 6594                  |
| 2         | Assam            | 0                      | 0                      | 0                      | 6030                   | 6030                  |
| 3         | Bihar            | 0                      | 0                      | 0                      | 19172                  | 19172                 |
| 4         | Chandigarh       | 67                     | 161                    | 228                    | 0                      | 228                   |
| 5         | Chhattisgarh     | 101                    | 224                    | 325                    | 1626                   | 1951                  |
| 6         | Delhi            | 1060                   | 0                      | 1060                   | 2626                   | 3686                  |
| 7         | Goa              | 87                     | 59                     | 146                    | 0                      | 146                   |
| 8         | Gujarat          | 912                    | 662                    | 1574                   | 4375                   | 5949                  |
| 9         | Haryana          | 385                    | 961                    | 1346                   | 3147                   | 4493                  |
| 10        | Himachal Pradesh | 95                     | 244                    | 339                    | 290                    | 629                   |
| 11        | J&K              | 179                    | 0                      | 179                    | 312                    | 491                   |
| 12        | Jharkhand        | 641                    | 555                    | 1196                   | 3099                   | 4295                  |
| 13        | Karnataka        | 211                    | 1726                   | 1937                   | 3651                   | 5588                  |
| 14        | Kerala           | 1097                   | 3822                   | 4919                   | 1716                   | 6635                  |
| 15        | Madhya Pradesh   | 2527                   | 327                    | 2854                   | 7212                   | 10066                 |
| 16        | Maharashtra      | 62                     | 788                    | 850                    | 901                    | 1751                  |
| 17        | Manipur          | 2                      | 67                     | 69                     | 0                      | 69                    |
| 18        | Meghalaya        | 0                      | 0                      | 0                      | 1046                   | 1046                  |
| 19        | Mizoram          | 4                      | 39                     | 43                     | 34                     | 77                    |
| 20        | Nagaland         | 4                      | 44                     | 48                     | 0                      | 48                    |
| 21        | Odisha           | 1052                   | 2572                   | 3624                   | 6199                   | 9823                  |
| 22        | Puducherry       | 0                      | 0                      | 0                      | 209                    | 209                   |
| 23        | Punjab           | 356                    | 705                    | 1061                   | 567                    | 1628                  |
| 24        | Rajasthan        | 201                    | 921                    | 1122                   | 4612                   | 5734                  |
| 25        | Tamil Nadu       | 0                      | 0                      | 0                      | 4400                   | 4400                  |
| 26        | Telangana        | 216                    | 8308                   | 8524                   | 0                      | 8524                  |
| 27        | Tripura          | 102                    | 29                     | 131                    | 87                     | 218                   |
| 28        | Uttarakhand      | 341                    | 648                    | 989                    | 0                      | 989                   |
| 29        | Uttar Pradesh    | 7285                   | 22813                  | 30098                  | 59174                  | 89272                 |
| 30        | West Bengal      | 0                      | 0                      | 0                      | 4045                   | 4045                  |
|           | TOTAL            | 16987                  | 45675                  | 62662                  | 141124                 | 203786                |

Note: At the inception of the Scheme, the allocation of FTSCs across the country was based on a criterion of 65 to 165 pending cases per court, meaning one FTSC would be established for every 65 to 165 pending cases. Based on that, only 31 States/UTs were eligible to join the Scheme.

* Puducherry specially requested to join the Scheme and has since operationalized one exclusive POCSO Court in May 2023.

** A&N islands has consented to join the Scheme, but is yet to operationalise any court.

*** Arunachal Pradesh has opted out of the Scheme citing a very low number of pending cases of Rape and POCSO Act.