It is correct that ‘Justice delayed is Justice denied.’ The right to get justice within a reasonable time is essential to any judicial system. In some countries like the USA, it is a constitutional right granted to the citizens. But no such explicit provision is provided in the Constitution of India. In its various judgments, the Supreme Court of India has stated that the right to a speedy trial is a fundamental right granted to all the citizens of India. The Court considered this right within Article 21 of the Constitution, which provides for the ‘Right to Life’ and ‘Right to Personal Liberty.’ ‘Fast Track Courts’ are courts other than regular courts established by the Indian government to reduce the number of cases pending before the lower courts. They are established to provide speedy access to justice to the people.

Fast Track Courts (FTC) or Fast Track Special Courts (FTSC) were first recommended by the Eleventh Finance Commission in 2000 to deal with the pending cases in the lower Indian courts. The Indian government planned to set up around one thousand Fast Track Courts in 2019 to ensure speedy trials in pending rape cases under the Indian Penal Code and related crimes under the Prevention of Children from Sexual Offences Act. The Supreme Court emphasized that the pendency rate in rape cases was around 89.5%, as per the NCRB 2019 reports. Also, it suggested that a centrally sponsored court be established in each district where more than one hundred FIRs have been registered under the Prevention of Children from the Sexual Offences Act. The Nirbhaya fund provides the Central share, and almost 389 FTSCs are approved exclusively for the Protection of Children from Sexual Offences cases.

The inefficiency of the regular courts led to the need to establish these Fast Track Courts in our country. Though the right to a speedy trial is considered an important aspect of the Indian Justice system, the backlog of around two crore thirty-five lakh cases in the Indian courts is the most sneering evidence of the inadequacy of the system. The inordinate delay in the disposal of court cases induces the public to hunt for extra judicial means of justice. All this made the Indian government come forward and approve the plan for setting up of FTCs. The inefficiency of the regular courts led to the need for the establishment of these Fast Track Courts in our country.

The following are the objectives behind the establishment of the Fast Track Courts by the Indian Government:

a)  Providing Justice to the Undertrials: The regular courts have proved to be inefficient in providing justice to the undertrials. They have to wait for years to get one day trial. These courts are set up to provide speedy justice to such people. Also, there are several undertrials on whom false charges are leveled. These courts will release them and contribute to reducing the population of jail inmates.

b)  Providing justice to victims: These courts will provide speedy justice to the victims also. It will prevent the victims from suffering decades of fruitless litigation. Indian courts take years to punish criminals even in severe cases and the victims fear the accused for years.

c)  Unclogging our Judicial system: Our Judicial system is unable to work effectively due to the pendency of several cases. Our system has got clogged in a way. These courts will ensure faster disposal of those pending cases. Therefore, they will help in unclogging our Judicial System.

d)  Speedy resolution of cases: It aims at speedy disposal of the cases. The FTCs are given a certain number of cases that are supposed to be disposed of in a particular period. They are required to examine all the witnesses in mostly one trial. They work more effectively as they don’t adjourn the proceedings just for small reasons. All these features make them more beneficial in the speedy trial of cases as compared to the regular courts.

The following are the problems faced by the Fast Track Courts in working effectively:

• Overburdened Judges: The judges of the FTCs are pressurized to dispose of a certain number of cases in a particular period. They are supposed to work fast. But justice can never be rushed. For delivering justice effectively, it is important to take into consideration all the facts, circumstances, and evidence. The whole process takes some time and can’t be rushed.
• Technical problems: There is a shortage of staff, judges, and technology required for speedy disposal of the cases. The reports of forensic departments and medical laboratories, etc. are also delayed. All these issues hinder the efficient working of FTCs.
• Infrastructure and financial issues: The FTCs are like the regular courts. There is no difference in the infrastructure or the legal process followed by them. Further, they suffer from the paucity of funds by the governments.
• Jurisdictional issues: These courts are not having any specific jurisdiction. Further, it is not clear what matters can they deal with. This is due to the lack of any mandate system.
• Litigation culture: The adjournments are sought by the lawyers while dealing with the cases. Further, challenging the decisions of the FTCs in the High Courts and Supreme Courts also results in delays.

The following are the suggestions that could help in proper working and improvement in the working of FTCs:

• Restructuring the process: There is a need to restructure the process followed by these courts. The process should be engineered to ensure the speedy disposal of cases along with efficient delivery of justice.
• Appointment of more judges and staff: FTCs need to be adequately staffed with experienced judges and support staff in order to dispose of cases in a timely manner. The current number of judges in FTCs is not sufficient to meet the demand, and many courts are operating with vacancies. Moreover, the staff consisting of stenographers and clerks shall be recruited to help the judge in dealing with the cases.
• Specialization & Training of judges: Judges in FTCs should be specialized in the type of cases they hear. This will help them to become more efficient and to develop expertise in the relevant laws and procedures.
• Use of technology: FTCs should make use of technology to improve their efficiency. This could include using electronic case management systems, video conferencing, and other tools to streamline the judicial process.
• Streamlining of procedures & Mandate System: The procedures followed by FTCs should be streamlined to avoid unnecessary delays. This could involve reducing the number of pre-trial hearings, simplifying the rules of evidence, and other reforms.
• Strict monitoring: The performance of FTCs should be monitored to ensure that they are meeting their objectives. This could involve setting targets for the disposal of cases and conducting regular reviews.
• Public awareness: The public should be made aware of the benefits of FTCs and how they can access them. This could involve conducting awareness campaigns and providing information on the websites of FTCs.

According to the NCRB reports of 2019, there are several criminal cases like rape and POCSO with a pendency rate of 89.5%. So, the need for the creation of Fast Track Courts (FTCs) for the effective and speedy disposal of cases was planned to be set up. Till May 2023, almost 832 Fast Track Courts were working across the nation. Also, more than 33 lakh pending cases have been disposed of by the Fast Track Courts since 2014. This shows the contribution of the FTCs in unclogging the Indian Judicial system. But these are facing problems like infrastructural issues, fund paucity, technical problems, etc. which are hindering the efficient working of these courts. There is an urgent need to address these problems and make these courts more effective and helpful to our Judicial system.