Issues with Fast Track Courts
Infrastructure: Fast-track courts work in the same way as ordinary courts. It's the same as any other courthouse in the district court system. There have been no improvements to the legal process to allow cases to move forward more quickly. Because there is no supporting infrastructure to ensure that the timetable is reached, there is no element of process engineering except where it is simply fixed as an ad hoc thing (for example, for high-profile situations). There are no clear guidelines as to what types of cases fast-track courts are meant to consider. For example, it was unclear if all cases of gender-based violence, such as 'eve-teasing' (street harassment) or domestic abuse, were covered by the Nirbhaya Fund's fast-track courts.
Delay in Judgment: According to a survey, one of the most common reasons for adjournments is the unavailability of witnesses. Adjournments requested by lawyers are another source of delays. In India, the culture of litigation promotes clients to seek adjournments; in fact, they come to lawyers to have their cases postponed. Delays can also occur because a fast-track court's ruling is frequently contested in the high court or the Supreme Court. Judges who are overworked: fewer judicial officials. As of February 2020, nearly 21% of the sanctioned strength (24,018) of judicial officers in subordinate courts was empty in various states; of the 5,146 vacancies, the states of Uttar Pradesh, Bihar, Madhya Pradesh, Rajasthan, and Gujarat had a considerable number of vacancies. They are essentially session court judges who have been assigned the additional responsibilities of fast-track courts.
The Struggle Trials must be completed in a time-bound manner for fast-track courts to be more effective. For this, a two-pronged strategy is required, with devoted judges and skilled personnel improving the human capacity of these courts while restructuring systems.
Building capacity: They must have dedicated judges to hear cases on a regular basis. Evidence processing and issuing notices to witnesses and investigating police can be aided by competent employees such as stenographers and clerks, which saves a lot of time. Process engineering: In order to make the system more efficient, certain time-consuming processes must be reengineered. A realistic evaluation of the time required for each hearing should be made, followed by a proper timetable that allows adequate time for each case. Fast-track Courts Should Have a Clear Mandatory: Fast-track courts should have a clear mandate, as they have in countries like Spain and Liberia. The hearings are scheduled in advance, and any case involving gender-based violence is automatically transferred to these courts.