The POCSO Act, 2012 prescribes time-bound trials, yet pendency persists. Evaluate the role of Fast Track Special Courts in making child-friendly justice a reality.
The POCSO Act, 2012 requires a child's evidence to be recorded within 30 days of the Special Court taking cognizance. It also sets a target of completing the trial, as far as possible, within one year [1]. Cases still pile up, so the Centre launched a scheme for Fast Track Special Courts (FTSCs) in 2019. FTSCs have sped up disposal, but child-friendly justice needs more than faster courtrooms.
Why pendency persists despite statutory timelines
- Evidence bottleneck: Most FTSC cases stay pending for about a year, mainly because Forensic Science Laboratory (FSL) reports arrive late [2].
- Weak case-building: Poor investigation, too little evidence, too few witnesses, and victims or families turning hostile all lower conviction rates [3].
- Capacity gap: 1,023 FTSCs were planned [4], but only 754 were working by January 2025 [5].
Positive role of FTSCs
- Dedicated capacity: There are 404 exclusive POCSO courts across 30 States/UTs [5].
- Faster disposal: More than 3.06 lakh cases were disposed of by January 2025 [5].
- Needs-based placement: Exclusive POCSO courts were proposed for districts with over 100 pending POCSO cases [4].
- Child-sensitive trials: These courts hear only child cases, which helps them follow the Act's Special Court and Special Public Prosecutor model [1]. Quick trials also mean the child has to relive the abuse less often.
Limitations
- Court-centric fix: Adding courts does not speed up slow forensic work. The government's own assessment names late FSL reports as the main cause of delay [2].
- Diluted focus: Only 404 of the 754 courts deal exclusively with POCSO cases [5]. The rest also hear rape cases.
- Speed without quality: Fast trials built on weak investigation or hostile witnesses still end in acquittals [3].
- Disconnected tracking: MHA's ITSSO tracks whether police finish investigations on time under the Criminal Law (Amendment) Act, 2018 [6]. It does not follow the case through forensic reporting and trial.
On balance, FTSCs have made POCSO's timelines achievable, but they are necessary, not sufficient. The way forward is to reach the full 1,023 courts, expand and staff forensic labs, link ITSSO tracking to trial timelines, and provide witness protection and support persons. With these, India can turn speedy trials into real child-friendly justice, in line with Article 39(f) and SDG 16.2 (ending abuse of children).
Sources
- 1Protection of Children from Sexual Offences (POCSO) Act, 2012 – PIB: 30-day rule for the child's evidence, one-year trial target, Special Courts and Special Public Prosecutors
- 2Assessment of Fast-Track Special Courts – PIB: about one year of pendency in FTSCs, late FSL reports
- 3Conviction Rate in POCSO Cases – PIB: poor investigation, too little evidence, hostile witnesses
- 41023 Fast Track Special Courts will be set up for Speedy disposal of Rape and POCSO Act Cases – PIB: 1,023 FTSCs planned; exclusive POCSO courts for districts with over 100 pending cases
- 5754 Fast Track Courts, Including 404 POCSO Courts functional in 30 states, dispose over 3.06 Lakh cases by January 2025 – PIB: number of working courts and cases disposed
- 6Crimes Against Women and Children – PIB: ITSSO and time-bound investigation under the Criminal Law (Amendment) Act, 2018