Relevance: GS II (Social Justice, Judiciary); Source: The Hindu / LiveLaw (Ref: 2025 FTSC Data)

Context

In 2025, India achieved a milestone where POCSO case disposals (109%) exceeded new registrations, driven by Fast Track Special Courts (FTSCs). However, the conviction rate plummeted to ~19%, indicating that “speedy disposal” is compromising “quality of justice.”

Critical Data

POCSO Act, 2012: A comprehensive, gender-neutral special law enacted to protect children under 18 from sexual assault, harassment, and pornography, while mandating child-friendly reporting, investigation, and speedy trial mechanisms.

Key Reasons for Failure

1. Rushed Investigations: Police file charge sheets hastily to meet deadlines, often without Forensic (FSL) reports.
2. Missing Support: Lack of ‘Support Persons’ (Section 39, POCSO Act) leads to victims turning “hostile” under pressure.

Way Forward

• Shift Metric: Move from “Number of Cases Disposed” to “Quality of Conviction” as the success metric for FTSCs.
• Forensic Capacity: Augment FSL (Forensic Science Labs) to ensure DNA reports are available before the charge sheet is filed.
• Victim Support: Strict enforcement of the NCPCR 2024 Guidelines on Support Persons to prevent victims from turning hostile.

1. With reference to Fast Track Special Courts (FTSCs), consider the following:

1. They are fully funded by the Central Government under the Nirbhaya Fund.
2. The Supreme Court recently mandated deploying Para-Legal Volunteers (PLVs) at police stations for POCSO cases.

Which statement(s) is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Ans: (b) (Statement 1 is incorrect; FTSCs are a Centrally Sponsored Scheme with 60:40 State funding.)

Mains Qn

Q. “Mere acceleration of trials without strengthening the investigative ecosystem defeats the substantive purpose of the POCSO Act.” Discuss this statement in light of the declining conviction rates in Fast Track Special Courts (FTSCs). (10 Marks, 150 Words)

Hints: 

1. Introduction: Start with the 2025 paradox—while disposal rates hit 109%, conviction rates in FTSCs dropped to ~19%, indicating “justice hurried is justice buried.”
2. Body (The Core Issues):
   • Investigative Deficits: Rushed charge sheets filed to meet deadlines without waiting for Forensic (FSL) reports.
   • Institutional Gaps: Absence of ‘Support Persons’ (Section 39) leads to victims turning hostile due to pressure/trauma.
   • Judicial Approach: Focus on disposal targets rather than child-centric evidence recording.
3. Way Forward:
   • Implement SC directive (Dec 2025) on Para-Legal Volunteers (PLVs).
   • Shift focus from “speed” to “quality of conviction.”
   • Strengthen FSL infrastructure for timely DNA evidence.
4. Conclusion: Conclude that justice for a child must be restorative, not just procedural.