India’s overburdened judicial system frequently takes years to try cases
· Delhi tried to incentivise states by funding 60% of sex-crime tribunal costs
· Target for number of fast-track courts cut due to low state interest, lack of judges
· Some opposition-led states slow in setting up such courts
Government’s Ambitious Plan Falls Short
The Indian government’s plan to establish a network of fast-track special courts (FTSCs) to tackle sex crimes has seen a drastic reduction, following a slow response from various states. Originally envisioned to expedite justice in the wake of increasing sexual violence, the plan has failed to gain traction, particularly in states like West Bengal. Despite the shocking rape-homicide case of a doctor that stirred the nation, the state has lagged behind, achieving just a fraction of its targets. According to internal government documents and statements from federal officials, the government has scaled down its FTSC target from 2,600 to just 790 by 2026, marking a significant setback for the project launched in 2019.
Prime Minister Narendra Modi’s government initially introduced the plan to combat delays in delivering justice for sex crime victims. The Supreme Court had criticized state governments for their sluggishness, singling out Bengal and Uttar Pradesh for taking too long to conclude cases involving child victims. While the central government promised to fund 60% of the costs for the courts, state apathy and a dearth of judges have undermined the initiative, officials revealed.
Struggles in West Bengal
West Bengal’s performance has been notably poor. Initially assigned a target of 123 FTSCs by March 2021, the state has managed to operationalize only six. This stark underperformance is highlighted by the 48,600 pending rape and sexual offense cases awaiting judgment in the state. The state’s opposition leader, Mamata Banerjee, has come under scrutiny for her handling of sex crimes, exacerbating criticism of her administration.
Top judicial bureaucrat Siddhartha Kanjilal attributed the delays to a shortage of judges but assured that efforts were underway to appoint retired officials to fill FTSC vacancies. However, this slow response has severely hindered progress, with Bengal now being reassigned a target of just 17 FTSCs by 2026.
A Nationwide Crisis of Justice
The challenges faced in Bengal reflect a broader national issue. Across India, the judicial system is burdened with a backlog of tens of millions of cases. State courts are operating with a 20% shortage of judges, contributing to significant delays. The crisis is not new: in August, a district court in Ajmer handed down life sentences to six men for rapes committed in the early 1990s, underscoring the chronic delays in the judicial process.
One of the Ajmer victims expressed her frustration, stating that the delayed judgment had no meaningful impact on her life. Now in her old age, she lamented, “I have no expectations or hope left.” The victim’s story is emblematic of the judicial bottleneck that continues to plague India, where justice often comes too late.
The FTSC Experiment: Mixed Results
Despite these challenges, the FTSC model has shown some promise. These courts, focusing exclusively on sex crimes, have the advantage of hiring judges on contract, including retired officers, allowing for more efficient case management. In 2022, FTSCs resolved 83% of cases on their docket, compared to the 56% resolution rate in the general courts. However, despite the expedited process at the tribunal level, many cases are still delayed as they move through the traditional appellate system, where appeals drag on for years.
Senior lawyer Shobha Gupta, who has represented numerous rape survivors, emphasized the need for a comprehensive fast-tracking process that extends beyond the lower courts. “What is needed is fast tracking until the last court and final verdict and execution of the final verdict in a strict time-bound manner,” Gupta said. The current system, she argued, offers only partial relief, as victims are often left waiting for appeals to conclude.
Political Blame Game
The sluggish pace of establishing FTSCs has also taken on a political dimension, with opposition-led states being slower to act. States like Uttar Pradesh and Rajasthan, both governed by Modi’s Bharatiya Janata Party (BJP), have met their targets, while others, such as Maharashtra, have fallen short. Maharashtra, despite being governed by a coalition including the BJP, has established only 14 of its targets 138 FTSCs.
The federal government has repeatedly urged states like West Bengal to engage with the FTSC program, but often with little success. A government summary from August 30, seen by Reuters, revealed that the justice department had written to Bengal in December 2023, advising the state to hire contractual staff to address its workforce shortage. Yet, there has been little to no response from the state.
The Future of Fast-Track Courts
While some states have managed to meet their targets, others, such as Jharkhand, have opted to withdraw from the FTSC program altogether. Despite initially meeting its target of 22 FTSCs, Jharkhand has indicated its intention to fund its courts independently, citing concerns over central government funding.
In conclusion, while FTSCs have shown the potential to speed up justice, the initiative has been hindered by bureaucratic delays, political differences, and a shortage of judges. Without broader reforms to the entire judicial process, India’s victims of sexual violence may continue to face long waits for justice.
(With inputs rom agencies)
