Sexual Crime: Fast-tracking Justice: RSTV - Big Picture

Rajya Sabha TV programs and discussions are very insightful and informative from a UPSC perspective. In this article, we provide a gist of the RSTV Big Picture debate on sexual crimes in India and fast-track courts. This topic is important for the society and polity/law sections under the UPSC syllabus.

Sexual Crime: Fast-tracking Justice:- Download PDF Here

Anchor: Teena Jha

Guests:

1. P.K. Malhotra, Former Secretary, Ministry of Law & Justice, GoI
2. Rekha Aggarwal, Advocate Supreme Court 

Context

The Union Cabinet approved the continuation of over 1000 Fast Track Special Courts to ensure faster delivery of justice to victims of sexual offenses, as a centrally sponsored scheme for another two years. 

Read more on POCSO in the linked article.

Important Highlights

• Union Govt. approved 1000 Fast track courts for the next 2 years with the intention to ensure faster delivery of justice to victims of sexual offenses.
• These include 389 exclusive POCSO courts to expedite trials and provide immediate relief to minor girls who are victims of sexual crimes.
• A part of the fund is provided by the Centre from the Nirbhaya Fund, the remaining amount is expected to be provided by states.

Course of Discussion

• Fast track courts will help in the speedy delivery of justice as we have a notion of ‘Justice Delayed is Justice Denied’. 
• The Court has to balance the speedy delivery of justice with the opponent’s right to appeal. Despite stringent laws to protect women and children, every day we have female victims. 
• Sensitization must be done at every level; families and schools are the best places where behaviour can be nurtured.
• Documentary films, proper use of the internet can promote women’s empowerment.
• Sex Education at the school level should change the mindset of all people.
• There must be mass level acknowledgment amongst the women of the society about the POCSO Act (Protection of Children from Sexual Offences Act), other laws that prevent them, whom to approach, etc. 

Expeditious Justice and Fair Trial

• Expeditious justice and fair trial are fundamental to the judiciary. 
• After the Nirbhaya case, many amendments were made to make justice available within time.
• In the report of the Home Affairs Committee, out of the sanctioned strength of 1023 Fast Track Courts (FTCs), only 597 are working.
• State govts and High Courts must also ensure that FTCs are constituted and they are working. 

Judicial Systemic Issues

• Procedure delay
• Unnecessary adjournment
• Accused reluctant to come to court.

Overview

• The Nirbhaya case was expedited by a subsidiary court. But other cases are hardly given such justice. 
• Law-making will not solve the problem as cases have increased even after stringent laws, hence the legal system itself must be strengthened at the required level.

Read all the RSTV articles in the link.