Exclusive: India Reduces Target for Fast-Track Sex Crime Courts as States Struggle, Reports Reuters

By Krishna N. Das, Saurabh Sharma, Subrata Nag Choudhury, and Arpan Chaturvedi

NEW DELHI/AJMER/KOLKATA – The Indian government has significantly reduced its target for establishing new tribunals to expedite the handling of sex crimes, following disappointing progress from several states, including West Bengal, which faced national outrage after the brutal rape and murder of a doctor, stated three federal officials and an internal document.

In 2019, Prime Minister Narendra Modi’s administration initiated the establishment of fast-track special courts (FTSC) solely for sex crime cases after the Supreme Court criticized state governments for their sluggishness in delivering justice. The court specifically highlighted the delays in West Bengal and Uttar Pradesh, particularly concerning cases involving child victims.

Traditionally, sex crime cases have been managed by India’s overloaded state courts. To encourage states to set up 1,023 FTSCs by March 2021, the federal government promised to cover 60% of the costs. Each FTSC consists of one judicial officer and seven supporting staff.

Although the earlier projection aimed for 2,600 FTSCs by 2026, this has been revised down to 790 due to the lack of interest from states and a shortage of judges. By August, only 752 FTSCs were operational across the country, according to publicly available government data.

Some states have been slow to participate in the initiative, with West Bengal joining only last year. The opposition-led state, whose chief minister has faced criticism for handling sex crimes, was initially assigned a target of 123 fast-track tribunals by March 2021, but only six are currently functioning. There are around 48,600 pending cases of rape and other sexual offenses awaiting verdict in the state.

Details regarding the government’s initial ambitions and its drastic reduction of targets have been disclosed, shedding light on the challenges faced by the FTSC initiative.

Siddhartha Kanjilal, a top judicial official in West Bengal, attributed the delays to a shortage of judges. However, he mentioned that they are collaborating with the Calcutta High Court to appoint retired officials to FTSCs. "There have been delays," he acknowledged. "We, as well as the Calcutta High Court, are addressing the matter."

Despite efforts, the Indian law and justice ministry and the office of the chief minister did not respond to requests for comments on the situation.

West Bengal’s current goal has been set at 17 special tribunals by 2026, as indicated in the government’s documentation.

India’s judicial system is notably strained, with a backlog of millions of cases. Data shows a shortfall of about 5,000 judicial officers in state courts, which represents approximately 20% of the judges allocated.

A recent example of the delays in justice includes a district court in Ajmer, which sentenced six men to life imprisonment this August for mass rapes committed in the early 1990s. One of the victims, whose identity is protected by law, expressed despair, stating, "I am of a grandmother’s age now and have no expectations or hope left."

In contrast, FTSCs are designed to focus on specific crimes and move cases along more rapidly. They have the option to hire judges on contract, including retired officials. In 2022, FTSCs resolved 83% of cases on their dockets, whereas Indian courts overall adjudicated only 56% of sex-crime cases that year.

The original FTSC targets were established by the federal law and justice ministry, which used a formula that considered outstanding case numbers in each state and aimed for each tribunal to resolve 165 cases annually.

Experts argue that FTSCs are particularly important for vulnerable victims and witnesses, highlighting their potential role in ensuring quicker justice. However, some legal professionals point out that while FTSCs can expedite cases, appeals still navigate the slower traditional court system.

Data on the number of appealed FTSC cases is limited, but it is noted that it is common for sentences from lower courts and tribunals to be contested. Nearly 42% of the 1.7 million criminal cases awaiting resolution in India’s high courts are appeals.

Opposition-led states have typically lagged in establishing FTSCs compared to those governed by Modi’s Bharatiya Janata Party, which have met their targeted goals.

Despite federal encouragement for states like West Bengal to engage with the FTSC program, responses have often been lacking. A summary from the justice department indicated that West Bengal was advised to hire contractual staff due to an insufficient workforce.

In 2021, a former law minister reached out to the state’s chief minister, following up on previous attempts to solicit cooperation for establishing FTSCs, but no responses were received.

While Jharkhand has met its target for FTSCs, reports suggest it now intends to withdraw from the program, as their officials contemplate fully state-funded FTSCs, thereby abandoning federal support, but reasons for this decision remain undisclosed.

In light of these developments, establishing robust frameworks for addressing sex crimes efficiently remains a critical challenge for India’s judicial landscape.