MINISTER OF LAW & JUSTICE (DR. ASHWANI KUMAR)
(a)to(e) A Statement is laid on the Table of the House.
STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (e) OF THE LOK SA. IA STARRED QUESTION NO. 148
FOR 7/3/2013 REGARDING FAST TRACK COURTS FOR SEXUAL OFFENCES
(a): Statement at Annex I give the number of rape cases pending in the High Courts and Supreme
Court. The Statement at Annex II gives similar information in respect of district/subordinate
courts for three years starting from 2009 to 2011.
(b) &(c): The Government has requested the Chief Justice of the High Courts to constitute the
Fast Track Courts for speedy trial of pending rape cases in district/subordinate courts having
a high pendency. The Government has also requested them to monitor the progress of the cases
to ensure their timely disposal. Progress made in setting-up of Fast Track Courts for disposal
of rape cases is at Annex-Ill.
(d)&(e): Government has received suggestions from various quarters for speedy disposal of cases
of sexual offences by establishing Fast Track Courts, for prevention of crimes against women,
holding trials without adjournment, in-camera trials in such cases as well as for sensitization
of judiciary on gender issues. Provisions have already been made in the Code of Criminal
Procedure for conduct of trial on a day-to-day basis and in-camera trial in cases of sexual
assault. It is also provided therein that in-camera trial shall as far as practicable, be
conducted by a women judge/magistrate. Not only that, recording of the statement of the victim
shall be conducted at her residence or any place of her choice, and, as far as practicable by
a woman police officer in the presence of her parents/guardian, or near relatives or social
worker of the locality. Government has requested the Chief Justices of all the High Courts to
impress upon the district judges to adhere to these provisions in trial of cases involving
heinous crimes such as rape.
Similar suggestions were also made to the Justice Verma Committee which was set up in the
aftermath of Delhi gang rape case. The Committee has since submitted its Report to the
Government. Based on the recommendations by the Committee, Government has promulgated
Criminal Law (Amendment) Ordinance 2013 by which amendments/additions have been made to
provisions in the Indian Penal Code under Sections 354A to 354D, 375, 376, 376A to 376E,
Code of Criminal Procedure (Cr.PC) under Sections 154, 160, 161, 198B, 273, 327 and First
Schedule and Indian Evidence Act under Sections 53A, 114A, 119 and 146.
Regarding gender sensitization of judiciary, National Judicial Academy and State Judicial
Academies have been conducting training programmes on gender justice and violence against
women. Government has requested the National Judicial Academy to Increase the frequency of
such programmes and include field visits and interactions with survivors of violence.
Government has separately requested the State Judicial Academies to use the funds provided
under the 13th Finance Commission Award to also enrich their training programmes.
