India's fast-track courts failing to deliver justice to child sexual abuse victims: Study

By Rajiv Shah

India has 2,43,237 Protection of Children from Sexual Offences Act (POCSO) cases pending in its Fast Track Special Courts (FTSCs) till January 31, 2023, despite Central Government’s robust policy and financial commitment. Moreover, even if no new case is added to this long list, the country will need at least nine years to clear this backlog, says a new study.

In 2022, the number of cases that resulted in conviction remained a mere 3 percent nationally. This, along with a lot of other startling numbers and pertinent questions, have been released in ‘Justice Awaits: An Analysis of the Efficacy of Justice Delivery Mechanisms in Cases of Child Sexual Abuse in India’, a research paper released by India Child Protection Fund (ICPF).

The findings of the paper cast a question mark on the efficacy of the country’s judicial system, despite the Central Government’s 2019 landmark decision to set up Fast Track Special Courts to provide justice to child sexual abuse victims and despite the government pumping in crores every year to ensure justice for every child.

The research paper states that sexually abused children will have to wait till the year 2027 for justice in Gujarat as the number of cases pending in POCSO courts as on January 2023 is 3,043.

The paper further states that given the present scenario, while Arunachal Pradesh would take 30 years to complete the trials of cases pending under POCSO as of January 2023, Delhi will take 27 years, Bihar 26, West Bengal 25, and Meghalaya 21 years to clear the backlog. Gujarat will take approximately 4 years to clear POCSO cases.

Conviction rate under POCSO Act

Fast Track Special Courts (FTSCs) are specialized courts with the primary aim of expediting the trial process of cases related to sexual offences, particularly those under the Protection of Children from Sexual Offenses (POCSO) Act.

Set up in 2019, the Central government recently approved the continuation of FTSCs as a Centrally Sponsored Scheme (CSS) 2026 with a budgetary allocation of over Rs 1900 crore. The scheme was supposed to deliver the legal mandate for the completion of trial of such cases within one year and yet out of the total 2,68,038 cases that were under trial, only 8,909 cases resulted in conviction.

The study highlights that each FTSC in the country on average dispose of just 28 cases per year, which means the expenditure in one conviction is around Rs 9 lakh. “Each FTSC was expected to dispose of 41-42 cases in a quarter and at least 165 in a year. The data suggests that FTSCs are unable to achieve the set targets even after three years of the launch of the scheme,” the paper says.

Citing Supreme Court’s judgement, the report further says that child marriage is child rape and as per Census 2011, a staggering 4,442 minor girls were married every day, which means every minute, three children were pushed into child marriage. However, only three child marriages are reported every day, as per the latest National Crime Records Bureau.

Trend in POCSO cases pending trials

Emphasizing that despite having a robust policy, strict laws and ample financial commitment, the minuscule rate of conviction is a matter of grave concern, Bhuwan Ribhu, Founder, India Child Protection Fund, says:

“The spirit of law needs to be translated into justice for every child. There can be no legal deterrence when mere 3 percent of the people accused of sexual offences against children are convicted. To protect all the children, it is imperative to ensure the protection of children and their families, access to rehabilitation and compensation, and time-bound legal process including trial in the lower courts and subsequent appeals in the High Courts and the Supreme Court.”

To clear the piling backlog as well as ensure victims of child sexual abuse get justice in a timely and child-friendly manner, the research paper has put forth a few pertinent recommendations.

Firstly, all FTSCs should be operational and there should be a robust framework for output-based monitoring of their functioning. Besides, the entire FTSC staff, from police personnel to the judges, should be exclusively attached to these courts so that they can take up these cases on a priority basis. The research paper further recommends setting up more FTSCs to clear the backlog of the cases. Moreover, the FTSCs’ dashboard should be in public domain for transparency.

The study is based on data from Ministry of Law and Justice, Ministry of Women and Child Development and National Crime Records Bureau.

Comments

Stronger India–Russia partnership highlights a missed energy breakthrough

By N.S. Venkataraman* The recent visit of Russian President Vladimir Putin to India was widely publicized across several countries and has attracted significant global attention. The warmth with which Mr. Putin was received by Prime Minister Narendra Modi was particularly noted, prompting policy planners worldwide to examine the implications of this cordial relationship for the global economy and political climate. India–Russia relations have stood on a strong foundation for decades and have consistently withstood geopolitical shifts. This is in marked contrast to India’s ties with the United States, which have experienced fluctuations under different U.S. administrations.

From natural farming to fair prices: Young entrepreneurs show a new path

By Bharat Dogra There have been frequent debates on agro-business companies not showing adequate concern for the livelihoods of small farmers. Farmers’ unions have often protested—generally with good reason—that while they do not receive fair returns despite high risks and hard work, corporate interests that merely process the crops produced by farmers earn disproportionately high profits. Hence, there is a growing demand for alternative models of agro-business development that demonstrate genuine commitment to protecting farmer livelihoods.

The Vande Mataram debate and the politics of manufactured controversy

By Vidya Bhushan Rawat* The recent Vande Mataram debate in Parliament was never meant to foster genuine dialogue. Each political party spoke past the other, addressing its own constituency, ensuring that clips went viral rather than contributing to meaningful deliberation. The objective was clear: to construct a Hindutva narrative ahead of the Bengal elections. Predictably, the Lok Sabha will likely expunge the opposition’s “controversial” remarks while retaining blatant inaccuracies voiced by ministers and ruling-party members. The BJP has mastered the art of inserting distortions into parliamentary records to provide them with a veneer of historical legitimacy.

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor* This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

Thota Sitaramaiah: An internal pillar of an underground organisation

By Harsh Thakor* Thota Sitaramaiah was regarded within his circles as an example of the many individuals whose work in various underground movements remained largely unknown to the wider public. While some leaders become visible through organisational roles or media attention, many others contribute quietly, without public recognition. Sitaramaiah was considered one such figure. He passed away on December 8, 2025, at the age of 65.

The cost of being Indian: How inequality and market logic redefine rights

By Vikas Gupta We, the people of India, are engaged in a daily tryst—read: struggle—for basic human rights. For the seemingly well-to-do, the wish list includes constant water supply, clean air, safe roads, punctual public transportation, and crime-free neighbourhoods. For those further down the ladder, the struggle is starker: food that fills the stomach, water that doesn’t sicken, medicines that don’t kill, houses that don’t flood, habitats at safe distances from polluted streams or garbage piles, and exploitation-free environments in the public institutions they are compelled to navigate.

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Proposals for Babri Masjid, Ram Temple spark fears of polarisation before West Bengal polls

By A Representative A political debate has emerged in West Bengal following recent announcements about plans for new religious structures in Murshidabad district, including a proposed mosque to be named Babri Masjid and a separate announcement by a BJP leader regarding the construction of a Ram temple in another location within Behrampur.

Search This Blog