Name of the Scheme – Scheme on Fast Track Special Courts (FTSCs) For Expeditious Disposal of Cases of Rape and Protection of Children from Sexual Offences (POCSO) Act
Department – Directorate of Law and Justice
Scheme for : Institutions and Individual
Where to Apply : District Headquarter Office
When to Apply : NA
INTRODUCTION
Incidents of rape and gang rape of minor girls below the age of twelve and similar heinous crimes against women shook the conscience of the entire nation. To prevent such crimes, stricter laws were introduced through “the Criminal Law (Amendment) Act, 2018”. It strengthened the relevant provisions of Indian Penal Code (IPC), Criminal Procedure Code (Cr.PC), Evidence Act and Protection of Children from Sexual Offences (POCSO) Act and provided for stringent punishment for rape of children and women.
The key motive behind introducing harsh punishment is to create deterrence against such crimes, but it is only possible if the trial in the court is completed within the time frame and justice is delivered expeditiously to the victims. The Amendment to Criminal Procedure Code in 2018 and the POCSO Act prescribe strict timelines for completion of investigation and trial. However, despite the existence of strong law and policy framework, large number of rape and POCSO Act cases are pending in various courts in the country.
The Hon’ble Supreme Court of India took up the issue of “completion of timely investigations and consequential trials in the offences under POCSO Act” in suo moto Writ Petition (Criminal) No. 1/2019 and issued several directions in this regard on 25/7/2019. The relevant portion (pertaining to the present Scheme) provides that in each district of the country, if there are more than 100 cases under the POCSO Act, an exclusive/designated special court will be set up which will try no other offence except those under the POCSO Act.
To implement the Criminal Law (Amendment) Act, 2018 and comply with the directives of the Supreme Court, the Government devised a 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 Scheme has been launched w.e.f. October 2, 2019.
OBJECTIVE
The objective of the Scheme is to provide time-bound justice to victims by establishing FTSCs, including exclusive POCSO (ePOCSO) courts, across the country, ensuring the targeted disposal of rape and POCSO Act cases.
TARGET
The implementation of the Centrally Sponsored Scheme (CSS) of FTSCs, managed by the Department of Justice, Ministry of Law & Justice, aims to support State Governments in establishing FTSCs across the country. A total of 790 FTSCs are to be set up under the Scheme including exclusive POCSO (e-POCSO) courts.
A State/UT-wise details of pending cases of both Rape and POCSO Act at the inception of the Scheme is given at Annexure-1 and State/UT-wise data on number of functional FTSCs and pending cases of both Rape and POCSO Act as on 31.03.2023 is given at Annexure-1.1.
Each FTSC is expected to dispose of 41-42 cases in each quarter and at least 165 cases in a year.
GEOGRAPHIC COVERAGE
As mentioned above, a total of 790 Fast Track Special Courts are to be set up all over the country which would include Combined FTSCs (trial of Rape and POCSO Act cases) and e-POCSO Courts (exclusive trial of POCSO Act cases).
At the inception of the Scheme, there were 389 districts in the country where the number of pending cases under POCSO Act exceeded 100. Therefore, as per the order of Hon’ble Apex Court, in each of these districts one exclusive POCSO court was to be set up which would try no other cases except those under the POCSO Act.
TIME PERIOD
The scheme was initially for one year, which was further extended up to March, 2023. The Union Cabinet in its meeting held on 28.11.2023 has further extended the Scheme for another three years – from 01.04.2023 to 31.03.2026, at a total financial outlay
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