MINISTER OF LAW & JUSTICE (SHRI D. V. Sadananda Gowda)
(a)to(d): A Statement is laid on the Table of the House.
STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (d) OF LOK SABHA STARRED QUESTION NO. 8 FOR 24/11/2014 REGARDING FAST TRACK COURTS FOR WOMEN AND CHILDREN
(a)&(b): Government has written to the Chief Justices of the High Courts to constitute Fast Track Courts (FTCs) for speedy trial of the pending rape cases in district/subordinate courts having a high pendency of such cases and to monitor the progress of these cases. The Chief Ministers of States have been requested to provide financial support to the High Courts for setting up FTCs for cases of crime against women. Setting up of subordinate courts including FTCs for speedy trial of cases relating to crime against women and children in the country including North East Region, is the responsibility of the respective State Governments under the Constitution of India,
(c): As per information received from the Supreme Court, the number of pending matters relating to subject categories dealing with crime against women and children filed from 1,1.2011 to 16.7.2014 was 1920. As per report received from the National Crime Records Bureau, the cases registered and cases convicted in subordinate courts under rape (u/s 376 IPC) during 2011 to 2013 are as under:
Year Number of cases registered Number of cases convicted All the States NE States All the States NE States 2011 24206 2246 4072 281 2012 24923 2376 3563 193 2013 33707 2663 5101 270
(d): Government has also requested the State Governments and High Courts to consider setting-up FTCs for disposal of cases relating to offences against women, children, differently abled persons, senior citizens and marginalized sections of society as resolved in the Conference of Chief Ministers and Chief Justices held on 7th April, 2013.
Legislative provisions have been made by the Government for setting up of special courts for speedy trial of offences against children. Section 25 of the Commissions for Protection of Child Rights Act, 2005 provides that for the purpose of providing speedy trial of offences against children or of violation of child rights, the State Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify at least a court in the State or specify, for each district, a Court of Session to be a Children`s Court to try the said offence. Section 28(1) of the Protection of Children from Sexual Offences Act, 2012 provides that for the purposes of providing a speedy trial, the State Government shall in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, designate for each district, a Court of Session to be a Special Court to try the offences under the Act provided that if a Court of Session is notified as a Children`s Court under the Commissions for Protection of Child Rights Act, 2005 or a Special Court designated for similar purposes under any other law for the time being in force, then, such court shall be deemed to be a Special Court under this section.
Attention of the Chief Justices of High Courts has also been invited to the use of provisions under Sections 157, 309 & 327 of the Cr.P.C. with a view to examination of witnesses on a day to day basis, keeping adjournment at a bare minimum and expediting trial of cases involving heinous crimes such as rape. They were requested to impress upon the district judges to scrupulously adhere to these provisions in trial of cases involving heinous crimes such as rape and to conduct trials without adjournment as far as possible.
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