Question : Fast Track Special Courts for Rape and POCSO Cases

(a) whether as per Criminal Law (Amendment) Bill, 1025 Fast Track Special Courts (FTSC) for expeditious trial and disposal of cases related to rape and POCSO were to be set up, if so, the details thereof along with the reasons for failure to set up even fifty percent of recommended FTSCs indicating the number of FTSCs set up in various States;
(b) whether these FTSCs are functional with full judicial and non-judicial strength, if so, the details thereof;
(c) whether the Union Government has directed ten States to set up FTSC to hear exclusively the sex abuse cases, if so, the details thereof along with the names of such States; and
(d) the details of response received from these States in this regard along with the status of setting up of such courts?

Answer given by the minister

MINISTER OF LAW & JUSTICE
(SHRI KIREN RIJIJU)
(a) to (d): In pursuance to the Criminal Law Amendment Act, 2018, the Department of Justice is implementing a Centrally Sponsored Scheme for setting up of 1023 Fast Track Special Courts (FTSCs) including 389 exclusive POCSO (e-POCSO) Courts for expeditious trial and disposal of cases related to rape and POCSO Act. The Scheme was initially started for 1 year in October 2019 in 31 States/UTs across the country. Government has further approved continuation of the Scheme up to March 2023. 28 States/UTs have joined the Scheme so far. West Bengal, Arunachal Pradesh and A&N Island are yet to join. As per information made available by the High Courts, 700 FTSCs including 383 exclusive POCSO Courts are operational which disposedof more than 73,600 pending cases (December, 2021). The details of earmarked and functional FTSCs is given at Annexure.
As per guidelines issued for the Scheme of FTSCs, one Presiding Officer and seven support staff for each functional FTSC are to be deputed by the respective State/UT and High Courts for trial of exclusively rape and POCSO Act cases. However, data on vacancies of staff strength in FTSCs is not maintained centrally. As per data furnished by the High Courts,in 19 States/UTs, the earmarked FTSCs are fully functional, in 08 States/UTs FTSCs are partially functional, in 1 State (Goa) the earmarked FTSC is yet to be operationalized and 3 States/UT have still notjoined the Scheme.
The issue of setting up of FTSCs and their early operationalization has been taken up with concerned States/UTs at various level from time to time. Minister of Law & Justice has addressed letters to Chief Ministers of States and Chief Justices of High Courts in this regard. In addition, regular review meetings with officials of the States/UTs and High Court functionaries are being held from time to time for operationalization of remaining FTSCs so as to further reduce the burden on judiciary.
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Annexure as referred to in Reply to the Lok Sabha Unstarred Q.NO- 1717 for 11th February 2022

Status of Earmarked and Functional FTSCs (as on 31.12.2021)
S.No. State/UT Earmarked FTSCs Functional FTSCs
FTSCs including ePOCSO ePOCSO
(Out of
Col- 3) FTSCs including ePOCSO ePOCSO
(Out of
Col-5)
1 2 3 4 5 6
1. Andhra Pradesh 18 8 10 10
2. Assam 27 15 15 15
3. Bihar 54 30 45 45
4. Chandigarh 1 0 1 0
5. Chhattisgarh 15 11 15 11
6. Delhi 16 11 16 11
7. Goa 2 0 0 0
8. Gujrat 35 24 35 24
9. Haryana 16 12 16 12
10. Himachal Pradesh 6 3 6 3
11. J&K 4 0 4 2
12. Jharkhand 22 8 22 8
13. Karnataka 31 17 18 16
14. Kerala 56 14 28 0
15. Madhya Pradesh 67 26 67 56
16. Maharashtra 138 30 34 22
17. Manipur 2 0 2 0
18. Meghalaya 5 5 5 5
19. Mizoram 3 1 3 1
20. Nagaland 1 0 1 1
21. Odisha 45 22 36 15
22. Punjab 12 2 12 3
23. Rajasthan 45 26 45 30
24. Tamil Nadu 14 14 14 14
25. Telangana 36 10 25 4
26. Tripura 3 1 3 1
27. Uttar Pradesh 218 74 218 74
28. Uttarakhand 4 4 4 0
Consent Not Given
29. Arunachal Pradesh 3 0 0 0
30. A&N 1 1 0 0
31. WB 123 20 0 0
TOTAL 1023 389 700 383

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