PAPER III General Studies- II: Governance, Constitution, Polity, Social Justice and International relations

Structure, Organization and Functioning of the Executive and the Judiciary

In News:Fast-track courts: Justice on the clock

Fast-track Special Courts(FSTC) in India were established to address the phenomenal judicial backlog and ensure the timely delivery of justice. In this light critically examine the effectiveness of Fast track courts and suggest measures for improvement.

Fast-track Special Courts(FSTC) are specialised courts established  to address the significant backlog of cases and expedite the delivery of justice, particularly in sensitive areas such as crimes against women and children.

Effectiveness of Fast-Track Courts

1. High Disposal Rates: Fast-track courts have achieved impressive disposal rates, with 94% of sexual offence cases resolved in 2023, compared to only 10% in regular courts
2. Specialisation: These courts focus on specific categories of law, such as crimes against women and children, allowing for more efficient handling of sensitive cases
3. Constitutional Commitment: They uphold the right to a speedy trial as part of Article 21 of the Indian Constitution, reinforcing citizens’ rights to timely justice.
4. Focused Resources: FTCs receive dedicated funding and resources aimed at expediting trials, which can lead to more efficient case handling.
5. Public Confidence: The establishment of FTCs has increased public trust in the judicial system, as victims see a commitment to addressing their cases promptly.
6. Decongestion of Courts: By prioritising specific cases, FTCs help alleviate the backlog in the judicial system, allowing regular courts to focus on other matters.

Challenges:

1. Varied state-level implementation: While some States have maintained a significant number of operational FSTCs, others have faced challenges in establishing or maintaining these courts.
2. Inadequate Infrastructure: FSTCs often suffer from a lack of necessary infrastructure, including dedicated courtrooms, staff, and resources.   
3. Overburdened courts: Even in States with operational FSTCs, these courts are often overburdened by the volume and variety of cases, leading to delays.
4. Procedural Delays: Despite their intended purpose, FSTCs can still be subject to procedural delays, such as adjournments and witness non-appearance.
5. Limited Scope: The effectiveness of FSTCs is limited to the specific types of cases they are designed to handle, leaving a significant portion of the judicial backlog unresolved.

Measures for Improvement

1. Infrastructure development: States need to invest in adequate physical infrastructure and resources to support the functioning of FTSCs effectively.
2. Increase judicial capacity: Filling existing vacancies with trained judges who specialise in handling sensitive cases can improve both speed and quality of justice.
3. Broaden jurisdiction: Expanding the scope of FTSCs beyond sexual offences can help address other high-pendency cases, alleviating some burdens on regular courts.
4. Strict case management protocols: Implementing rigorous case management practices can minimise unnecessary delays and ensure timely presentation of evidence.
5. Leverage technology: Utilising digital case management systems and e-filing can streamline processes and reduce procedural delays.
6. Regular monitoring and evaluation: Establishing mechanisms for regular assessment of FTSC performance metrics can help identify bottlenecks and areas needing reform.
7. Public awareness campaigns: Raising public awareness about the availability and benefits of FSTCs can encourage victims to come forward and utilise these courts.

By addressing these challenges and implementing targeted reforms, fast-track courts can fulfil their intended purpose of delivering justice efficiently and effectively across a broader range of cases.

Source: The Hindu- data point