The persistent backlog of nearly 500 cases involving crimes against women and children in Jammu and Kashmir’s Fast Track Special Courts (FTSCs) is not merely a statistic—it is a disturbing reflection of delayed justice for the most vulnerable sections of society. These courts were never envisaged as ordinary trial courts, nor are the victims they serve ordinary litigants. FTSCs were created with a singular mandate: to ensure swift, time-bound justice in heinous crimes such as rape and child sexual abuse, where delay deepens trauma and often renders justice meaningless.
Women and children who approach the criminal justice system do so under immense constraints—social stigma, psychological distress, financial hardship, and, in many cases, intimidation by perpetrators. Many are simply not equipped to endure prolonged legal battles. In such circumstances, the oft-quoted maxim “justice delayed is justice denied” ceases to be rhetorical; it becomes a lived reality. Prolonged trials weaken prosecutions, exhaust victims and witnesses, and steadily erode faith in the rule of law—defeating the very purpose for which fast-track mechanisms were conceived.
Despite marginal improvement in disposals, pendency in J&K’s FTSCs has remained stubbornly high over the past three years, hovering around the 500-mark. With only four FTSCs—two of them exclusive POCSO courts—the Union Territory’s judicial capacity is woefully inadequate given the volume and sensitivity of cases being registered. The contrast becomes sharper when compared with States that have significantly expanded their FTSC infrastructure to meet demand.
Crucially, the argument of inadequate funding does not hold. The FTSC scheme is a centrally sponsored initiative financed through the Nirbhaya Fund, explicitly designed to strengthen the judicial response to sexual offences. Yet, Jammu and Kashmir has failed to proportionately expand the number of courts, judges, prosecutors, and support staff required to make the scheme effective on the ground. The responsibility squarely rests with the J&K Government, working in close coordination with the High Court, to operationalise additional courts and ensure they are adequately staffed, trained, and resourced.
If Fast Track Special Courts are to fulfil their intended role, a far more focused and urgent intent is required. Expanding judicial capacity, strengthening prosecutorial support, providing robust victim assistance mechanisms, and strictly monitoring trial timelines must become immediate priorities. Without decisive intervention, fast-track courts risk becoming “fast-track” only in name, while justice for women and children continues at a painfully slow pace.
The early and effective resolution of these cases is not merely an administrative objective—it is a moral and constitutional imperative.
