LEGAL METHODS

Topic: An overview of fast track courts in India

Name – SAMYAK JAIN

Roll No. – F036

SAP ID – 81022019430

Submitted To – PROF.KAMALJIT SINGH SANDHU

 TABLE OF CONTENT

Serial Number Particulars Page Number

1 Introduction 3
2 Question 3-4
3 Hypothesis 4
4 Research problems 5
5 Research method 6
6 Review of literature 6-9
7 content 9-13
8 Suggestion 13
9 conclusion 13-14
10 Reference 15-16
 An overview of fast track courts in india

Introduction

fast track court is the main way to clear the large pending Indian Court backlog cases. The fast
track tribunal's aim is to bring justice as quickly as possible. Cross-controverse, witness exam
and trial proceedings go quickly, for if the judgement is delayed, it amounts to a refused
judiciary. It is a clear violation of basic rights since there are clearly no fundamental rights under
the Constitution Of india in relation to speed travel, however Article 21 reflects or implies that
no one is to be stripped of his life or freedom except under law. India has a vast heritage of legal
advocacy to support social reform and detailed legislation to combat female sexual violence.
However, this crime has escalated considerably. A widespread attack took place in Delhi in
December 2012. A frenetic reply from many quarters, including legal scholars, religious leaders,
worldwide media and government authorities, was brought about by the death of the victim. A
full review of the current processes for avoiding potential violence against women was
conducted by the central government. Its conclusions led to the establishment or appointment of
"fast track" trials to judge sexual assault charges with women. There are huge and in some cases
disastrous consequences for ordinary litigants of delays. A fair process cannot be said if the
Court of Fast Track is unable to ensure that the accused's guilt is strong. It cannot say fair
process when trials are often delayed, paths which can influence or alter evidence and witnesses.
One of the basic characteristics of our Constitution is a free and efficient judicial system. In the
case of a lack of delegation of a sufficient number of judges, justice cannot be available, the
fundamental feature of the Constitution is declined. In this way. It is noteworthy that the delay of
justice is the refusal of justice. The inadequacy of the number of judges has been unfavourably
noticed on several times. For the term of two years, ad hoc judges from retired sessions or
supplementary sessions shall be appointed for a fast-track court system Judges, bar members and
legal officers ad hoc promoted. The High Courts shall select the Judges. In the wake of ad hoc
promotions, the Center ordered governments to provide a special drive to fill the holidays.
Various measures to enhance the justice system and make it affordable and accessible to the
Govt's ongoing endeavours have also been to increase access by limiting delays and delays in the
system. These Union Government Inter-alia programmes involve provisions for the
reinforcement of the judiciary system, regular evaluation of judges' strengths and the creation of
portion tribunals, upgrading courts facilities and expanding maintaining a productive use of
information and communication technology and the provision of citizenship-centered services at
each level. By definition, fast track court courts are court system designed to run more rapidly
than the remainder of the judiciary, generally in order to settle serious crimes or longstanding
problems. They are formally the Special Courts for Fast-Track. In the fallout of the'Nirbhaya'
case, state governments across India stepped up to the plate and set up quick track courts to
attempt cases of sexual viciousness against women.2 In September 2014, the Central
Government proposed to support the foundation of around 1,800 quick track courts across India
to give cases a shot explicit topics, including sexual savagery. One of the reasons attributed to
the enormous increase in the number of pending cases in the Superior Courts is the lack of timely
coverage of the vacancies of Judges. There are more than 100 vacancies of this type. The number
of cases pending trial in the country's 12,378 district and subordinate courts is estimated to be
approximately two million rupees. Of the 12,205 positions for judges and magistrates in these
courts, 1,500 are vacant.
RESEARCH QUESTIONS

1. What really fast track court and types of cases dealt by them?
2. What are the advantages and disadvantages of fast track courts?
3. How fast are fast track courts?
4. What is disposal rates of fast track courts?

Hypothesis

H0. Fast track courts are running efficiently and smoothly in country like India.

H0. Fast track courts are not running efficiently and smoothly in country like India.

H1.Fast track courts have dealt with the purpose it was established for.

H1. Fast track courts have not yet dealt with the purpose it was established for.

Research problem
Huge amounts are dedicated to the development of additional posts and very little is being
undertaken to recognise and resolve the structural problems that prevail. Sanction of more judges
cannot provide the desired outcomes without completely optimising the new mechanisms and
addressing the issues. The types of litigation that these courts are dealing with around the States
vary enormously. Some countries delegate numerous other matters mostly to FTCs and other
States for rape and sexual offence cases. In addition, many FTCs lacked technical capacities to
archive the victims' audio/video, and all of them lacked normal personnel.

Research methodology

This document collects all information from scholarly reports, scientific publications, reputable
websites. All information contained in the document is supplementary, the document does not
contain any primary data. It is obtained through the internet and other online media.

ROL

(Debroy, Bibek,2019) In2000, a report was submitted by the Eleventh Finance Commission and
recommendations for 2000-2005 were made. "We have noted that the district and the subordinate
courts of the States are dependent on about two crore cases. The report says: For the purpose of
the disposal of long term cases, we grant Rs. 502.90 Crore for the establishment of extra
tribunals. This allows States to establish 1,734 new courts." The estimates for each
supplementary court are based on the cost of Rs. 29 lakh. Those 1,734 courts were fast-track
courts while the 11th financial commission did not use that phrases (FTCs).
(Vandana Peterson,2016)India has a vast law system of revolutionary reform and thorough
legislation in fight against women's sexual violence. However, this crime has increased
considerably. A well-known attack took place in Delhi in December 2012. The deaths of the
victim caused a frenzy in many quarters, including legal experts, religious leaders, the world's
media and officials in government. A thorough review of current mechanisms to detect future
crimes against women was undertaken by the Central government. These results led to the
formation or appointment of "fasttrack" judgments in cases that involve women's sexual
offences.

(Smrithi Krishna Prasad,2019) The only way to address the shortfall is to increase the number of
FTCs. The system needs to be revised based on microeconomic studies with the parties
concerned. The FTCs cannot function as regular courts on a routine basis. In addition, it is
necessary to consider both the internal and external factors impacting FTCs in deciding on delays
in court. Each contentious person has the right to prompt justice. The interests of the victims and
of the accused must be balanced. The accused's right cannot be disregarded. Not much case law
on a compensation scheme has been established The suspect's rights cannot be disregarded. In
addition, victim-centered methods and measures are significantly different across state capitals.
For full efficiency, the forensic reports and calls must be monitored quickly, even for the
corresponding system components, such as the investigation, filing of the complaints sheet, etc.

(Jayana Kothari,2019)This paper is an investigation of the exceptional quick track courts in

Karnataka raises various worries on their adequacy at both the meaningful and procedural
levels .their central discoveries are contrasted and the remainder of the criminal equity
framework, the uncommon quick track courts appear to be moderately snappier in arranging
cases. Notwithstanding, they don't show up to encourage the removal of an enormous number of
cases and, as a outcome, case pendency in these courts stays high. The uncommon court set up to
attempt cases under POCSO seems, by all accounts, to be proficient at the convenient removal of
cases, however the considerable concerns examined underneath apply to the uncommon court as
well. The conviction pace of these courts is amazingly low at 16.8% for the unique quick track
courts and 7.8% for the uncommon court for kid sexual maltreatment. The essential justification
the enormous number of vindications is the occurrence of witnesses turning unfriendly. The
decisions audited uncovered an upsetting pattern of the indictment putting forth little attempt to
present elective proof or lead a more full examination at the point when confronted with
antagonistic observers furthermore, of courts not taking a proactive part in scrutinizing the
dubious conditions that caused observers in practically all of the cases to turn antagonistic. Given
that 65 of the 80 decisions we broke down elaborate the complainants turning antagonistic,taking
measures for the assurance of complainants and observers to empower them to affirm in
wellbeing is especially basic.

Fast track courts and cases dealt

They are specialized court system with sole competence over a specific category of law (sexual
abuse and child cases in this instance). In2000, Fast Track Courts were launched in India to cut
the workload on high courts and district courts, as well as to deliver rapid judicial justice. The
11th Finance Commission approved, at that time, the creation of 1734 fast courts in the country
for an initial term of five years, and to help solve those, around three crore cases pending in all
the courts of that country. In the next five years these quick track courts worked effectively and
resolved nearly 10 million cases, thereby maintaining the terms of renewal until2012, when the
odd rape case hit the core nation and when the government ordered the establishment of six fast
track courts in Delhi dealing only with sexual assaults. The primary goal of fast track courts in
India is to get a huge number of pending cases to justice quickly in a certain period. Judges are
ad hoc nominated and retired judges may be elected. Fast-track courts in India have appears to be
a great way to handle the absence of high court and lower courts due to the large amount of
pending cases, and of sexual assault and children's cases. Throughout a period in which technical
advances are occurring, with daily changes and criticality in nature, and the courts can't afford to
trail backwards, it must keep up with the time changes to ensure that justice is served quickly. It
is the governments of the State and not the central Government which have the main
responsibility and authority to create FT SCs. However, the central government is responsible for
distributing money to the different governments of the State.

 Cases dealt
The period of time agreed on by the eleventh Financial Committee on the Fast
Track Courts expired on 31 March 2005. In its case of Brij Moha Lal Vs UOI &
Ors, the Supreme Court monitored the functioning of the Fast Track Courts and
found that the Fast Track Courts Scheme should not be dissolved all of a sudden
and ordered the Union of India to proceed with the Fast Track Courts on 31
March 2005. The State endorsed the continuity of 1562 fast course courts, which
were functional as at31.3.2005, with just a provisional provision of Rs.509 crores,
for a further period of five years, i.e. to 31 March 2010. The Justice Department
oversees the scheme.

Another important case Speedy trail of the state of Karnataka is a matter of basic
right and it is the right to ensure fair speed of trail for all persons under Article 21
of the Indian Constitution. The true nature and legitimacy of fair process and fast
trail has been checked by jurisprudence. The Court may proceed one step further
and establish a limit and beyond this limit no criminal case shall be held except
where parties have legitimate reasons for accepting criminal proceedings.

In another case, S. P Gupta v President of India held that the State's duty to
ensure the fair and effective administration of justice is established. Promote
lawsuits in the public interest and eliminate technological obstacles to quick
 access to justice. Justice would reach the people who, because their fundamental
needs are exploited and deprived, enjoy the socio-economic rights they possess.
Instead of simply staying empty hopes, these rights offer true justice and make
your lives meaningful. In accordance with Article 219 of the Indian Constitution,
a satisfactory number of judges shall be appointed by the Indian Court, to which
the executive has the authority. Public interest also calls on those who nominate
judges to fit in mental, physical, intellectual and moral terms. In contrast,
appointing a non-fit person would produce problems it would cause.

The cases have been efficiently resolved by the quick-track Court, but in the high
court these cases are pending. In November2010, the BPO Worker's case was
decided by the Fast Track Court and all five were sentenced to a life sentence of
Rs 50,000 each. But the Delhi High Court heard the BPO case after four years.

Another crucial case, because we know all about Delhi Gang rape, was that the
six individuals including the minor were raped by gang physiotherapists. It took 7
months for the Fast Track Court to finalise a court case. Court of four and the
minor death penalty For three years, it was referred to the Youth Justice Board. In
March the high court in Delhi affirmed the fast track court ruling. But after ten
months of the decision taken by the Delhi High Court the case remains pending at
the Supreme Court recently supreme court made a judgement and rendered justice
by sentencing death penalty to the accused.

 ADVANTAGES OF FAST TRACK COURTS

  Appeal of the generalized burden on cases: as it solved the over one million cases
and lowered the case load from other tribunals the goal with which the fast track
courts were created was highly beneficial to the judiciary.
 Encourages professionalisation and specialisation: it has helped millions
employers in various fields, retired judges in the high courts and district courts.
Fast track tribunals have been established to advance the specialisation of the
legal category.
 It improves the efficiency and efficacy of the judiciary: the efficiency of the
judiciary is improved by proper application of the judiciary and by speedy trial
and judgement.
 High associated clearing and fast trial ratio: Fast Track trials in India, owing to its
rapid trial and verdict, have the highest case disposal rate. In addressing cases, it
is also effective in a limited time.Ensures alignment and consistency: quick course
courts are highly efficient and stable. It is highly accurate and equitable
 Reactivate the judiciary
At least in theory, the fast-track courts would help to eradicate the Indian
judiciary. India's judiciary is famous for being slow to dispose of cases that have
been pending hundreds of thousands of cases—some centuries ago. Initially,
rapid-track courts were founded to deal rapidly with cases like these. The
Supreme Court decided to continue to examine the achievement of the courts in
achieving their goal.

DISADVANTAGES OF FAST TRACK COURTS

Although the fast track courts were meant to play a positive role, they also suffer a number of
flaws as outlined in the following items.

 Logistical problems
There are many logistical problems in fast-track courts in India. A national law school
survey found technological deficiencies that avoided court hearings of victims. There
were also shortfalls in staff and judges which posed a significant threat to the main aim of
FTCs, namely the rapid disposal of cases. Forensic laboratory samples are allegedly also
postponed. The FTCs, particularly in rural areas, often take these logistical problems a
long time to dispose of cases.

 Priority issues
A further flaw with FTCs is to decide which cases are to give priority—and therefore to
quick tracking. It involves tough choices and sometimes political machinations and
feelings are the basis for the responses. After the Nirbhaya case, for example, public
opinion has swung strongly to allocate cases such as this to court-speed cases. Some
argue, however, that rape and sexual assault are barbarous, so why should the state pick
such a crime.

 (in)righteousness
While in many ways the slogan "Justice delaying justice is negated" is true, courts cannot
afford to hurry up to decisions which can have catastrophic consequences if they are
wrong. In rape cases, in particular, if a court of fast track reaches a faulty judgement, a
man's life may result.
 In other cases, fast-track courts do not do full justice: courts take time to do justice
because each element is carefully examined. But some cases are resolved without
properly considering evidence in the case of high-profile courts and several
individuals are falsely convicted on behalf of speedy prosecution.

Analyzing fast-track court

In2000, quick-track courts were set up to speed up justice delivery and minimise court
outbreaks. It was set up for a brief period and has been extended a number of times, but
by 2011 there had been almost 1,734 fast track courts across the world. Then the gang
violation and subsequent killing of a young physiotherapist changed everything on 16
December 2012. In protest, people went to the streets. All of them talked about faster
tests. And the courts of fast track had a new lifestyle. The central administration has said
that the courts would remain until March 2015 and has even offered to pay the judges'
wages for 80 crores. Six fast-track tribunals in Delhi deal only with sexual assault cases.
By April of this year, 1,374 cases of rape were pending in these jurisdictions, with daily
additional cases. Although the notion of "fast track" courts envisaged the employment,
with existing infrastructure and no additional judges, of additional judges and new
infrastructure including court rooms, technical facilities or libraries, this has not occurred
and fast track courts now operate.
Fast-track courts dealt with rape cases alone, is this correct? However, what about other
offences such as domestic violence and matrimonial trial displacement cases? Rapes in
India is not only problematic because other kinds of cases have a large dependence on the
courts or are not essential in dealing with other offences. As women, since the past 10
years, who is fighting for divorce, maintenance and child guardianship? Or is it not
crucial that one person has been defrauded, mispresented and lost all property?
Government created the fast-track courts only for the rape, so the government tries to
solve one type of case, namely rape cases, and it has fun with its citizens. They don't
really need politicians to show themselves and play with our torture, people want the
guilty person to be punished, and the whole government action. The objective of the rapid
course is not actually reached because the full evidence and witnesses really aren't
presented before the trial or, in any case, because the evidence is provided in the court.
Judges flee or close the witness' long queue that influences the decision. Judges ruled in
their own knowledge, but the victim could not be brought immediately after a decision of
the Fast Trade Court as cases in the High Court and Supreme Court are pending for a
long time.

Disposable rates

Quick track courts are likewise troubled with generous pendency. As indicated by figures
given by the Union law and equity service in Parliament, as of March 2019, the 581 quick
track courts that were then operational had a sizeable pendency of over 5.9 lakh cases.
Uttar Pradesh, the most crowded state, had over 4.25 lakh cases forthcoming even after
the state's 206 quick track courts discarded 4.56 lakh cases from 2016 to 2018.

As on December 31, 2019, 828 quick track courts were practical. They have been set up
to attempt different sorts of cases, fundamentally those identifying with wrongdoings
against ladies and youngsters, and furthermore criminal arguments against MPs and
MLAs, horde lynchings, uproars, and outrages against booked standings and planned
clans.
The time taken for a court to arrange a judgment was determined in light of the time-
frame between the recording of the FIR and the date of the judgment. We had the option
to acquire and audit 94 of the 107 decisions arranged by the uncommon quick track
courts, out of which the date of recording of the FIR was accessible for 89 of the
decisions. the uncommon quick track courts were moderately quick in
arranging off cases with around 45% of the cases being arranged inside 2 years and
around 67% of the cases being arranged inside 3 years. These outcomes, notwithstanding,
should be peruse related to the previous table which likewise shows the aggregate
number of cases doled out to these courts. Perusing the two together uncovers that while
these unique quick track courts have been generally speedy in arranging the cases that
they have taken up for preliminary, they have been less fruitful in arranging cases in more
noteworthy numbers. One reason for this may be that these courts don't have adequate
assets to hear and arrange countless cases identifying with assault and rape. Further, as
verified above, the vast majority of the unique quick track courts don't have a
devoted court, which restricts the measure of time that judges can spend on the cases
doled out to these courts. The extraordinary court set up to attempt cases under POCSO
appears to have been more effective in any event in so exceptionally far as fast removal
of cases is concerned. Practically every one of the cases arranged by this court were
arranged in less than two years, including a huge number arranged in less than a year.

Conclusion
On close scrutineering when reviewing the trials and review of the criticisms, it can also
easily be seen that the trials of the courts and the inherent procedural anomalies are only
the other side of the coin. The investigation agency plays a significant and important role
in the legal process. The trial that begins is based entirely on the findings that the case
leads to a sound and smooth trial if flawed. The police and prosecutors must have an
appropriate, prompt justification for bringing the whole image of the case to the court and
for making the judge fully conscious of the evidence and the direction taken to determine
the facts. It is the basis for an investigation that is carried out and determined by a judge.
In addition, there are many intruders of Fast Track court systems which we discussed in
this paper in the Apex Court case, when hearing an affair on the legitimacy of Fast Track
courts at the district level, the Supreme Court body comprising the Chief Justice of India
(CJI) Justice A. S. Anand, Justice R. C. Lahoti, and Justice Doraiswamy Raju The Judges
saw that the assets delivered to the State governments to set up quick track courts ought
to have been put at the removal of the Chief Justices of the High Courts, for legitimate
usage. "In the event that you will assemble structures, and select Judges, the most
optimized plan of attack courts would turn out to be totally lethargic track. There is no
bar much under the current framework to assist the becoming aware of pressing cases by
advancing proper court systems as opposed to leaving it to risk. In the current measure
choices on applications for early hearing are regularly discarded without thinking about
the ramifications of any postponement for helpless disputants .It is profoundly likely that
without an objective and reasonable technique to encourage the speedy removal of cases,
the most optimized plan of attack courts would have no effect to the enormous
overabundance of cases.
The Bench saw that if the recognizable proof of the cases that the most optimized plan of
attack courts should attempt and the zones they should cover was left to the prudence of
the Chief Judges of the High Courts concerned the plan would have worked better. The
Seat likewise thought about how resigned District Judges could be selected as managing
officials and under whose purview they would be. Its basic perceptions have driven to
terrify, as Law Ministry sources guaranteed that the draft of the plan had been sent to all
States and the Chief Justices of every single High Court and it was presented solely after
compelling discussion with the legal executive at each level. Judicial competence and
competence are assessed based on the time required to resolve cases. There are many
cases of frauds and scams that need to be resolved soon, but this is not the case in India.
For example, it took about 6 years for the Harshat Mehta lottery results to be announced,
as he was already dying, while at the same time the Singapore scandal with Barry's Nick
Leeson erupted, the decision on which was settled 2 years later. It shows how the
adjournment of justice works in favor of justice. Therefore, there should be various
measures to control this, for example: -

Efficient administration of justice is possible only if certain cases are discussed by

lawyers and judges every few months or days. Time must be set to ensure effective time
management, which leads to efficient administration of justice.

Malimatha Group: The main objective of this committee is to make recommendations on

reforming the criminal justice system, facilitating judicial processes and procedures and
bringing justice closer to the common people. Judges must regularly receive appropriate
training and appointments to improve their drawing, listening and writing skills and to
assess their ability accurately and quickly. Legal liability is one of them, an important
factor. In addition, the ratio of judges to the population should be increased, which will
help resolve cases more quickly. Cases should be assigned according to the jurisdiction of
the judges. Accept cases without specialization according to delays.
References

 http://164.100.47.193/Refinput/New_Reference_Notes/English/Fast_Track_Cour
ts.pdf
 https://doj.gov.in/sites/default/files/FTC.pdf
 https://www.livemint.com/Politics/n4Z5sIIen0TJ75ij1gDrYP/How-fast-are-
fasttrack-courts.html
 https://www.deccanherald.com/opinion/main-article/slow-fast-track-courts-
730501.html
 Vandana p. Yale Human Rights and Development Law Journal, Vol. 18 [2016], Iss.
1, Art. 2
 Jayana k aparna R. a study of the special fast track courtsfor sex assault and child
abuse in kanataka, center for law and policy(2019).
 “Fast Track Magisterial Courts for Dishonoured Cheque Cases”,LawCommission of
India, November 2008, P. 39 http://lawcommissionofindia.nic.in/reports/report
213.pdf
 https://www.lawyered.in/legal-disrupt/articles/what-are-fast-track-courts/
 Teacher, Law. (November 2013). Fast Track Courts. Retrieved from
https://www.lawteacher.net/free-law-essays/criminal-law/fast-track-courts.php?
vref=1