The persistent backlog of nearly 500 cases involving crimes against women and children in Jammu and Kashmir’s Fast Track Special Courts is not just a statistic; it is a troubling reflection of delayed justice for the most vulnerable sections of society. These courts were never meant to function like ordinary trial courts, nor are the victims they serve ordinary litigants. FTSCs were conceived with a singular purpose: to ensure swift, time-bound justice in heinous crimes such as rape and child sexual abuse, where delay compounds trauma and often renders justice meaningless. Women and children who approach the criminal justice system are frequently constrained by social stigma, psychological distress, financial hardship, and threats or pressure from perpetrators. Many are simply not in a position to pursue long-drawn legal battles. In such cases, the maxim “justice delayed is justice denied” is not a cliché but a lived reality. Prolonged trials weaken cases, exhaust victims and witnesses, and undermine faith in the rule of law-defeating the very rationale for creating fast-track mechanisms.
Despite some improvement in disposals, pendency has remained stubbornly high over the past three years, fluctuating around the 500 mark. With only four FTSCs-two of them exclusive POCSO courts-the Union Territory’s judicial capacity is grossly inadequate for the volume and sensitivity of cases being registered. This limitation becomes starker when compared to other states that have invested significantly in expanding their FTSC infrastructure. The paradox is that the lack of funding cannot be cited as an excuse. The FTSC scheme is centrally sponsored and financed through the Nirbhaya Fund, with a clear mandate to strengthen judicial response to sexual offences. Yet, J&K has failed to scale up the number of courts, judges, prosecutors, and support staff required to make the scheme effective on the ground. The onus squarely lies with the J&K Government, working in coordination with the High Court, to operationalise more courts and ensure they are adequately staffed and resourced.
If FTSCs are to fulfil their intended role, a more focused intent is urgently required. Expanding the number of courts, strengthening prosecutorial support, ensuring victim assistance, and monitoring timelines must become priorities. Without decisive action, fast-track courts risk becoming fast-track only in name, while justice for the vulnerable remains painfully slow. Early resolution of these cases is a moral and constitutional imperative.
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