A special court is a court with limited jurisdiction, that deals with a particular field of law rather than a particular territorial jurisdiction.
The Centre decided to set up 17 special courts within a year time frame.
Some features and Significance:
- The Centre’s decision will a body blow for politicians who despite facing criminal charges has stake in Parliament because of delay in trying them.
- It will help in put an end to the inordinate delay in the prosecution of politicians and criminal cases.
- It will help in quick and efficient disposal of cases.
- To ensure effective trial and that have powers of district or sessions courts.
- It will exclusively deal with cases against MP and MLAs, and dispose them within a year.
- Laws enacted in the last 3 decades have considered special courts as quick remedy for questions of delays in trial.
- Cases related to corruption, terrorism, sexual offences against children and drug trafficking are dealt with by special courts.
- Lack of infrastructure and facilities for special courts.
- High rates of pendency and absence of Special courts plagues in several states.
- The provision of special courts in laws does not match with the backlog and pendency of cases in specific category. For eg, There is huge backlog under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act but there is no provision of exclusive courts.
- There is no criteria which justify provision of special courts in a particular law.
- Forums like quasi-judicial bodies, tribunals, and commissions were excluded.
- Setting special courts is not a long term solution.
- The objective of special courts has been unclear. It is not very revealing whether specific legislations which provides for special courts necessarily intend quick disposal of cases.
The provision to set up special courts is a welcome step we need to make on long term and permanent solution to deal with pendency of cases and for better justice delivery system for a healthy democracy.
Although this is a welcome step by the government of India but there are lots of other issues apart from tainted lawmakers like women’s safety. Special courts cannot take place on the regular dispensation. This is an issue for several years.