Expanding court numbers alone cannot fix judicial pendency. Discuss the structural reforms needed to make special courts under the POCSO Act effective.

The Fast-Track Special Courts (FTSC) scheme has now been extended to 2031, with a target of 850 courts [1]. It has disposed of over 4 lakh cases since 2019 [1]. Yet pending cases in FTSCs keep rising. Adding courts without structural reform only moves the backlog around.

Why more courts are not enough

• Clearance rate below 100%: In 2025, FTSCs disposed of 66,500 cases while 1,43,936 new ones were filed. That is a clearance rate of about 46%, and pendency rose to about 2.46 lakh [3].
• Missed targets: 1,023 courts were approved in 2019 [4]. Only 779 work today [1], in just 29 States/UTs [3], because States must opt in and pay about 38% of the cost [1].
• Judges shifted, not added: FTSCs draw on the same State judicial service. Posting an existing judge to an FTSC slows the court that judge leaves behind.
• Slow investigations: Each court gets one judge, one Special Public Prosecutor and six staff [1]. Nothing funds police or forensic capacity, so trials wait for evidence.

Structural reforms needed

• Fund by results: The Department of Justice should allocate courts by clearance rate, not pendency alone [1]. It should also publish court-wise data on disposals and convictions.
• District-level mapping: Carry out the Supreme Court's directions in Suo Motu Writ (Crl) No. 1 of 2019 for dedicated POCSO courts in high-caseload districts [2]. Where each court already has over 300 pending cases [3], High Courts should ask for a second court.
• Hire new judges: Fill FTSC posts through fresh recruitment. Train judges in child-friendly procedures.
• Link investigation to trial: Plan forensic and police funding together with the FTSC scheme. This would meet the trial timelines of the Criminal Law (Amendment) Act, 2018 [2].
• Cooperative federalism: The Centre pays its share from the Nirbhaya Fund [1]. It should find out why some States stay out, whether cost or a shortage of judges, and fix that cause.
• Stable tenure: The new five-year tenure [1] should be the norm. Short extensions make it hard to hire contract staff.
• Quality, not just speed: Track convictions and victim support, not only disposals. This protects the right to a fair trial under Article 21 for both sides.

More courts are necessary but not enough. Child survivors need one connected chain from FIR to verdict. Linking funds to results, and courts to judges and forensic labs, can make FTSCs a real guarantee of speedy, fair trial under Article 21 and SDG 16 (justice for all).