Fast Track Courts In India
11th Finance Commission of India, sanctioned budget for Fast Track Courts in In dia[1].
The Eleventh Finance Commission recommended a scheme for creation of 1734 Fast Track Courts (FTCs) in the country for disposal of long pending Sessions and other cases. The Ministry of Finance sanctioned an amount of Rs. 502.90 crores as “special problem and upgradation grant” for judicial administration. The scheme was for a period of 5 years. The Finance Commission Division (FCD), Ministry of Finance released funds directly to the state Governments under the scheme of Fast Track Courts. It is the primary responsibility of the State Governments to establish these courts in consultation with the concerned High Courts.
This for the period 2000-2005. Total budget for entire period, ₹502Cr. About ₹100 Cr/year. This was enough to operate an extra 1734 courts in India. Approximately ₹6L/year/court. Yes Indian Courts are cheap.
In 2005 Supreme Court asked government to let these Fast Track Courts keep running.
The term of scheme on the Fast Track Courts which were recommended by the Eleventh Finance Commission ended on 31st march, 2005. The Supreme Court, which is monitoring the functioning of Fast Track Courts through the case of Brij Mohan Lal Vs UOI & Ors observed that the scheme of Fast Track Courts should not be disbanded all of a sudden and in its order dated 31st march, 2005, directed the Union of India to continue the Fast Track Courts.
Government approved it.
The Government accorded its approval for the continuation of 1562 Fast Track Courts that were operational as on 31.3.2005 for a further period of 5 years i.e. up to 31st March, 2010 with a provision of Rs. 509 crores. The Department of Justice is monitoring the scheme.
In 2011, Fast Track Courts lost all funding.
The scheme of central assistance for Fast Track Courts was extended for a period of one year i.e. upto 31.3.2011. It was decided that there will be no central funding for Fast Track Courts beyond 31-03-2011.
Please note:
- The amount of money needed to run these courts is negligible. ₹100Cr/year.
- The Fast Track Courts were manned by senior Judges, and heard mostly heinous crimes, like rape and murder.
- The average pendency in 2000, when these courts were sanctioned, that is average time it takes for a case to be decided, for murder cases was 10 years, and for rape cases it was 7 years.
- These courts decided cases as old as 37 year old.
- The average pendency in 2010 or so, when these courts stop getting funds, and stopped operations, was 6 months for murder and 6 months for rape cases. This is a major win for our country, way bigger than any world cup championship.
- Not all Fast Track Courts were stopped after Centre stopped giving funding. There were some trickle of funding coming from here and there, some State governments, or even Central government for specific cases. Also Judiciary internally decided to let few Fast Track courts keep running by cutting funds from other places.
- According to latest data, there is a 22% vacancies (a court is there, but there is no judge to sit in it) at District levels, and 29% at High Court level. Primary cause of these vacancies is lack of fund to pay for the judge and the support staff, and other court related expenses. These courts have been sanctioned by State and Central governments, without providing enough funds.
- Let me repeat again, we are not talking about ₹1000s of Cr here, we are talking ₹100-200Cr/year. The proposed statue in Gujarat is worth ₹2000Cr. Mayawati spent more than this amount of money on shoes.
Central and State governments say we do not have fund. This is completely and utterly wrong.
The solution for corruption, rape, and many evils in India is speedy justice. Our judges are fighting tooth and nail for us. Can we not get them a few 100Cr per year?
Lack of courts and speedy justice leads to people seeking extra judicial solutions to their grivences. People go to criminals. Poeple give too much power to village panchayats. People are scared of going to courts fearing delays.
Courts are backbone of a country. Lets help strengthen them.
[1]: archive.org copy.