Budget Session – 3rd Session of WEDNESDAY, 04th March 2020

INDEX

S.No. Question Question Date Subject Division Page No. Type Nos. 1. Question Starred 04.03.2020 Indian Judicial Service NM 2-5 No.193 2. Question Starred 04.03.2020 Vacancies in various NM 6-7 No.196 courts 3. Question Starred 04.03.2020 Law Reports Coordination 8-9 No.198 4. Question Unstarred 04.03.2020 Legal Services to A2J/LAP 10-12 No.2114 Victims of Acid Attacks 5. Question Unstarred 04.03.2020 SC/ST(Prevention of Justice.II 13-14 No.2123 Atrocities) Act 6. Question Unstarred 04.03.2020 High Court Benches in Appointment 15-16 No.2136 Division 7. Question Unstarred 04.03.2020 Special Court to try Justice.II 17-20 No.2180 Offences against Women 8. Question Unstarred 04.03.2020 Village Courts JR Desk 21-22 No.2183 9. Question Unstarred 04.03.2020 Setting up of New High Appointment 23-24 No.2201 Court Bench Division 10. Question Unstarred 04.03.2020 Pending Rape Cases Justice.II 25-29 No.2251 in Courts 11. Question Unstarred 04.03.2020 Family Courts Justice.II 30-31 No.2273

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GOVERNMENTOF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA

STARRED QUESTION NO. *193

TO BE ANSWERED ON WEDNESDAY, 04th MARCH, 2020

Indian Judicial Service

*193. SHRI RAJMOHAN UNNITHAN: SHRI :

Will the Minister of LAW AND JUSTICE be pleased to state:

(a) whether the Government has any plan to set up Indian Judicial Service as an All India service to fill the vacancies in the Judiciary and give the representation to marginalized sections of the society; and (b) if so, the details thereof?

ANSWER

MINISTEROF LAW & JUSTICE, COMMUNICATIONSAND ELECTRONICS & INFORMATION TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD)

(a) to (b): A Statement is laid on the Table of the House. •

, .

STATEMENT REFERRED TO IN REPLY TO PARTS Ca) and (b) of LOK SABHA

STARRED QUESTION NO. *193 FOR ANSWER ON 04th MARCH, 2020.

(a) to (b) : In Government's view, a properly framed All India Judicial Service is important to strengthen overall justice delivery system. This will give an opportunity for induction of suitably qualified fresh legal talent selected through a proper all-India merit selection system as well as address the issue of social inclusion by enabling suitable representation to marginalized and deprived sections of society.

A comprehensive proposal was formulatedfor the constitution of an All India Judicial Service (AIJS) and the same was approved by the Committee of Secretaries in November, 2012. Besides attracting some of the best talent in the country, it may also facilitate inclusion of competent persons from marginalized sections and women in the judiciary. The proposal was included as an agenda item in the Conference of Chief Ministers and Chief Justices of the High Courts held in April, 2013 and it was decided that the issue needs further deliberation and consideration. The views of the State Governments and High Courts were sought on the proposal. There was divergence of opinion among the State Governments and among the High Courts on the constitution of All India Judicial Service. While some State Governments and High Courts favoured the proposal, some were not in favour of creation of All India Judicial Service while some others wanted changes in the proposal formulated by the Central Government.

The High Courts of Sikkim and Tripura have concurred with the proposal approved by Committee of Secretaries for formation of All India Judicial Service. The High Courts of Allahabad, Chhattisgarh, Himachal Pradesh, Kerala, Manipur, Meghalaya, Orissa and Uttarakhand have suggested changes in age at induction level, qualifications, training and quota of vacancies to be filled through All India Judicial Service. Rests of the High Courts have not favoured the idea. Most of the High Courts want the administrative control over the Subordinate Judiciary to remain with the respective High Courts. The High Courts of Jharkhand and Rajasthan have indicated that the matter regarding creation of AIJS is under consideration. No response has been received from the High Courts of Calcutta, Jammu & Kashmir and Gauhati.

The State Governments of Arunachal Pradesh, Himachal Pradesh, Karnataka, Madhya Pradesh, Meghalaya, Nagaland and Punjab do not favour the formation of AIJS. The State Government of Maharashtra wants the recruitment to be done at Judicial Magistrate First Class (JMFC) level which is not in consonance with the provisions of AIJS included in the Constitution of India. The State Governments of Bihar, Chhattisgarh, Manipur, Orissa and Uttarakhand want changes in the proposal formulated by the Central Government. The State Government of Haryana has stated that the proposal seems to be justified. The State Government of Mizoram supported creation of AIJS on the lines of lAS, IPS and other Central Services. The then State of Jammu and Kashmir has mentioned that provisions of Constitution of India for formation of AIJS incorporated in the Constitution by 42nd Amendment Act, 1976 are not applicable to the State of Jammu and Kashmir. No response has yet been received from rest of the States.

The matter regarding creation of a Judicial Service Commission to help the recruitment to the post of district judges and review of selection process of judges / judicial officers at all level was also included in the agenda for the Chief Justices

Conference, which was held on 03rd and 04th April, 2015, wherein it was resolved to leave it open to the respective High Courts to evolve appropriate methods within the existing system to fill up the vacancies for appointment of District judges expedltlously. The proposal for constitution of All India Judicial Service with views from the High Courts and State Governments received thereon was included in the agenda for the Joint Conference of Chief Ministers and Chief Justices of the High Courts held on os" April, 2015. However, no progress was made on the subject.

The proposal of setting up of an All India Judicial service was again discussed on points of eligibility, age, selection criteria, qualification, reservations etc in a meeting chaired by Minister of Law and Justice on 16th January 2017 in the presence of Minister •

of State for Law and Justice, Attorney General of India, Solicitor General of India, Secretaries of Department of Justice, Legal affairs and Legislative Department. In view of the existing divergence of opinion amongst the stakeholders the Government is engaged in a consultative process with the stakeholders to arrive at a common ground. ************ GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE LOK SABHA

STARRED QUESTION NO. *196

TO BE ANSWERED ON WEDNESDAY, 04th MARCH,2020

Vacancies in various Courts

*196.SHRIANUBHAV MOHANTY: Will the Minister of LAW AND JUSTICEbe pleased to state:

(a) the status of the vacancies of the non-Judicial officers and staff in various courts in the country; (b) the steps taken by the Government to ensure that the vacancies of the non• judicial officers and staff in various courts in the country are filled on time so that the courts function smoothly and efficiently and are able to dispose of a greater number of cases in shorter period; and (c) whether the Government is considering filling up of these vacancies on contractual basis by candidates who fulfil the prescribed mandatory qualifications and pass the basic tests and if so, the details thereof?

ANSWER MINISTEROF LAW & JUSTICE,COMMUNICATIONSAND ELECTRONICS& INFORMATIONTECHNOLOGY (SHRIRAVISHANKARPRASAD)

(a) to (c): A Statement is laid on the Table of the House. ...

STATEMENT REFERRED TO IN REPLY TO PARTS (a) to Ccl of LOK SABHA

STARRED QUESTION NO. *196 FOR ANSWER ON 04th MARCH, 2020.

(a) to (c) : The selection and appointments in subordinate courts falls within the purview of the High Courts concerned and respective State

Governments. Information on these vacancies is not maintained in the

Union Government.

************ GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE (DEPARTMENT OF JUSTICE)

LOKSABHA

STARRED QUESTION NO.198

TO BE ANSWERED ON WEDNESDAY, THE 4m MARCH, 2020

Law Reports

* 198. SHRI JASBm SINGH GILL:

Will the Minister of LAW AND JUSTICE be pleased to state: a) whether the Supreme Court and High Courts are regularly publishing law reports; b) if so, the detailsthereof; c) if not, the details of the Courts, out of those mentionedin part (a) above, which are not regularly publishing law reports and the steps taken by the Government to ensure that these reports are publishedregularly; d) whether the Government is planning to involve private publishers to publish law reports and if so,the details thereof; and e) the steps taken by the Government to prevent commercial monopoly being created by fewprivate publishers?

ANSWER

MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHONOLOGY

(SHRI RA VI SHANKAR PRASAD)

(a) to(e): A Statement is laid on the Table of the House. STATEMENT REFERRED TO IN REPLY TO PARTS (a) to (e~ OF LOK SABRA STARRED QUESTION NO.*198 FOR ANSWER ON 4T MARCH,,· 2020.

(a) to (e): Publication of Law Reports is a matter which falls within the purview of the judiciary. Reportable decisions of the Supreme Court are published in Supreme Court Reports (SCR). SCR is the official journal of reportable Supreme Court decisions, which is published under the authority of the Supreme Court of India. In respect of High Courts, as per information received, while some are publishing Law Reports like the High Courts of Madhya Pradesh, Punjab & Haryana, Orissa, Karnataka, Kerala, Sikkim, Madras, Rajasthan and Calcutta certain High Courts like Uttarakhand, Manipur, Patna, Andhra Pradesh, Jharkhand, Gujarat, Gauhati and Telangana are not publishing any Law Report.

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GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE '. ****** LOK SABHA UNSTARRED QUESTION NO. 2114

TO BE ANSWERED ON WEDNESDAY, THE 4th MARCH, 2020 Legal Services to Victims of Acid Attacks

2114. DR. AMOL RAMSING KOLHE: SHRI VIJAY KUMAR DUBEY: SHRI DHANUSH M. KUMAR: SHRI SOYAM BAPU RAO: SHRI KULDEEP RAI SHARMA: SHRI SELVAM G.: SHRI REBATI TRIPURA: SHRIMATI SUPRIYA SULE: SHRI SHRINIWAS PATIL: DR. SUBHASH RAMRAO BHAMRE: DR. DNV SENTHILKUMAR S.: SHRI SUNIL DATTATRAY TATKARE: SHRI GAUTAM SIGAMAANI PON: SHRI MANICKAM TAGORE B.:

Will the Minister of LAW AND JUSTICE be pleased to state:

(a) whether the National Legal Services Authority has launched a scheme to provide legal services to the victims of acid attacks, if so, the details thereof and the main objectives of the schemes;

(b) the number of acid victims who are provided legal aid under this scheme during each of the last three years and the current year;

(c) whether Government has created awareness among acid victims about this scheme and if so, the details thereof;

(d) whether the Government has framed special schemes for acid attack victims to take up their cases on priority basis in courts;

(e) if so, the details thereof and if not, the reasons therefor along with the number of pending acid attack cases in different courts in the country; and

(f) the other steps taken by the Government for prompt disposal of victims of acid attack cases in a time bound manner? ANSWER

MINISTER OF LAW & JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY 0' (SHRI RAVI SHANKAR PRASAD)

(a) to (f) National Legal Services Authority has framed NALSA (Legal

Services to Victims of Acid Attacks) Scheme, 2016 under the Legal

Services Authorities Act, 1987 for providing legal services to the victims of acid attacks. The main objectives of the scheme are as follows:

(i) to strengthen legal aid and representation at the National,

State, District and Taluka levels for victims of acid attacks in

availing the _benefits of the extant legal provisions and schemes for

compensation;

(ii) to enable the victims of acid attacks to get access to medical

facilities and rehabilitative services;

(iii) to create and spread awareness about the entitlements of the

victims of acid attacks through the District Legal Services

Authorities, Taluka Legal Services Committees, panel lawyers,

para-legal volunteers and legal services clinics;

(iv) to enhance capacities at all the levels of panel lawyers, para-

legal volunteers, volunteers in legal services clinics, government

officials, service providers, police personnel, non-governmental

organizations by organizing training, orientation and sensitization

programmes; and

(v) to undertake research and documentation to study the various

schemes, laws etc, to find out the gaps and to make remedial

suggestions to the appropriate authorities. · .

As per information made available, the number of acid attack

victims who got compensation under this scheme during the last

three years viz. 2016-17, 2017-18 and 2018-19 is as under:

No. of Acid Attack Victims who got compensation under the scheme

2016-17 2017-18 2018-19

201 249 232

The Legal Services Institutions are organizing legal awareness

programmes to sensitize people to the needs of the victims of acid

attacks so that the community provides support to the victims which

is essential for their rehabilitation. Awareness is also being spread

through Doordarshan, All India Radio besides distribution of

pamphlets, leaflets etc. The Ministry of Home Affairs, Government of

India has issued an advisory dated 20.04.2015 on expediting cases

of acid attack on women wherein the States/UTs were requested to

take proactive measures to expedite investigation, trial of acid attack

cases and bring them under a definite time frame.

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GOVERNMENT OF INDIi\ MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE ****** LOKSABHA

UNSTARRED QUESTION NO. 2123

TO BE ANSWERED ON WEDNESDAY, THE 4th March, 2020

SC/ST (Prevention of Atrocities) Act

2123. SHRI A. NARAYANA SWAMY: Will the Minister of LAW AND JUSTICE be pleased to state?

(a) whether special courts have been set up to try cases under the SC/ST (Prevention of Atrocities) Act, 1989 in all districts of the country, as mandated in the Act; (b) if so, the details of the States which are yet to set up the Special Courts; and (c) the reasons for not setting up such courts by the concerned States?

ANSWER

MINISTER OF LAW & JUSTICE, COMMUNICATIONS, ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD) (a) to (c ):Section 14 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) (PoA) Act, 1989, as amended by the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Amendment Act, 2015 (No. 1 of 2016) specifies that for the purpose of providing for speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, establish an Exclusive Special Court for one or more Districts, provided that in Districts where less number of cases under this Act is recorded, the State Government shall, with the concurrence of the Chief Justice of the High Court, specify for such Districts, the Court of Session to be a Special Court to try the offences under the Act. As per available information, the State Governments and Union Territory Administrations Contd..... 2 ® of Andhra Pradesh, Assam, Bihar, Chhattisgarh, Goa~_,Gujarat,Haryana, Himachal Pradesh, Jharkhand, Kamataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Mizoram, Nagaland, Odisha, Punjab, Rajasthan, Sikkim, Tamil Nadu, Telangana, Tripura, Uttar Pradesh, Uttarakhand, West Bengal, Andaman & Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, NCT of Delhi, and Puducherry have designated District Session Courts as Special Courts. The PoA Act, 1989 did not extend to the erstwhile State of Jammu and Kashmir. After the enactment of J&K reorganization Act, 2019, PoA Act has been made applicable in the UTs of J& K and Ladakh w.e.f31.10.2019. Arunachal Pradesh and UT of Lakshadweep not have designated Special Courts for this purpose.

'Police' and 'Public Order' are State subjects under the Seventh Schedule (List-Il) to the Constitution of India and the State GovernmentslUnion Territory Administrations are primarily responsible for prevention, detection, registration, investigation and prosecution of crimes within their jurisdiction including crimes against members of SCs and STs, and also for implementation of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. However, the Central Government from time to time advises the State Governments/ Union Territory Administrations to effectively implement provisions of the PoA Act. **** , _.

~ ~~_~_ ~'JN A-r,.1f\. GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA UNSTARRED QUESTION NO. 2136

TO BE ANSWERED ON WEDNESDAY, THE 04.03.2020

High Court Benches in Odisha

t2136. SHRI :

Will the Minister of LAW AND JUSTICE be pleased to state:

a}whether the Government proposes to set up a division bench of Odisha High Court to mitigate the problems of people of Western Odisha; b)if so, the details thereof; c} if not, the reasons therefor; and d}the time by which a decision is likely to be taken in this regard?

ANSWER

MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD)

(a) to (d): High Court Benches, at a place other than its Principal seat are established in accordance with the recommendations made by the Jaswant Singh Commission and judgment pronounced by the Apex Court in W.P.(C} No.379 of 2000 and after due consideration of a complete proposal from the State Government incorporating readiness to provide

_, ---- ([9' .

infrastructure and meet the expenditure, alongwith the consent of the Chief Justice of the concerned High Court and the consent of the Governor of the concerned State. The State Government of Odisha has requested for setting up of Orissa High Court Bench in Western and Southern region of Odisha to mitigate the inconvenience faced by the litigants. The Central Government has requested the High Court of Orissa to provide its views. At present, no complete proposal regarding setting up of a Bench of Orissa High Court is pending with the Government. *** '..

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE ****** LOKSABHA

UNSTARRED QUESTION NO. 2180

TO BE ANSWERED ON WEDNESDAY, THE 4th March, 2020

Special Court to try offences against Women

2180. SHRIMATI MANEKA SANJAY GANDHI: SHRI PARTHIBAN S.R: SHRI FEROZE VARUN GANDHI:

Will the Minister of LAW AND ruSTICE be pleased to state?

(a) the details of number of new special courts set up across the country to try sexual offences against women and children so far; (b) the details of number of cases registered with the courts, State-wise; (c) whether Government is considering to set up 1070 Special Courts all over the country for sexual offences against women and children and if so, the details thereof; (d) whether the Government is planning to create awareness and assistance programmmes for women and children to encourage them to report the cases and if so, the details thereof; and (e) whether Government is considering to set up more courts to deal with other issues to reduce the pending cases in various courts and if so, the details thereof? @> ANSWER MINISTER OF LAW & JUSTICE, COMMUNICATIONS, ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RA VI SHANKAR PRASAD)

(a) to- (c): In furtherance to the Criminal Law (Amendment) Act, 2018, Government has finalized a Scheme for setting up of a total of 1023 Fast Track Special Courts (FTSCs) across the country for expeditious trial and disposal of pending cases related to rape and Prevention of Children from Sexual Offences (POCSO) Act, 2012, in a time-bound manner under Centrally Sponsored Scheme. So far, after receipt of consent from 27 States/UTs, central share of funds amounting to Rs.99.43 Crore has been released in Financial Year 2019-20 for setting up of 649 numbers ofFTSCs. As per information received from High Courts, the number of functional Fast Track Special Courts (FTSCs) upto January, 2020 is 195 as given at Annexure-I. The details of cases related to rape and POCSO Act, pending upto 31st December, 2019, StateslUTs wise, is given at Annexure-Il.

(d): Government has operationalized Emergency Response Support System (ERSS), a pan-India, single, internationally recognized number, i.e. 112 based system for various emergencies, with computer aided dispatch of field resources to the location of distress, in 28 States/ UTs. Ministry of Home Affairs has undertaken citizen awareness campaigns on 112, including 112 India mobile app, in the print, electronic and digital media. (e): The 14th Finance Commission has endorsed the proposal of Union of India for setting up of 1800 Fast Track Courts (FTCs) during 2015-20 for dealing with specified nature cases viz cases pertaining to cases of heinous nature, women, children, senior citizen and other vulnerable sections of .society and civil cases of property disputes pending for more than five years. The State Governments have been urged to utilize enhanced fiscal space provided through tax devolution (32% to 42%) for the same. There are 828 such FTCs functioning in the country as on 31-12-2019 as per information received from High Courts. ... . 0) Annexure-I

Lok Sabha Unstarred Question No. 2180 for 04.03.2020

State wise details of No, of Fast Track Special Courts (FTSCs) functional & established for Women and Girl children under the Scheme of FTSCs (January, 2020)

States No.ofFTSCs Madhya Pradesh 56 Chhattisgarh 15 Delhi 16 Tripura 03 Jharkhand 22 Rajasthan 26 Telangana 09 Guiarat 34 Tamil Nadu 14 Total 195 .&Y. L ANNEXURE-II LOK SABHA UNSTARRED QUESTION NO. 2180 FOR 04/03/2020 STATUS OF RAPE AND POCSO CASES AS ON 31.12.2019. S.No. NO. OF CASES PENDING AS ON 31.12.2019 NAME OF THE STATEIUT

1 Andhra Pradesh 3897 2 Assam 6227 Arunachal Pradesh 315 3 4 Mizoram 357 5 - Nagaland 89 6 Maharashtra 21691 7 Goa 34 8 Daman & Diu ,13 9 Dadar & Nagar Haveli -'27 10 Chhattisgarh 4159 - 11 West Bengal 20511 12 Delhi 11418 13 Gujarat 8372 14 Haryana 3707

15 Punjab 1734 /" 16 Chandigarh 113 17 Patna 13924 18 Himachal Pradesh 1450 19 J&K 1388 20 Jharkhand 4630 21 Kerala 10958 22 Lakshadweep 15 23 Karnataka 6310 24 Madhya Pradesh 19981 2S Meghalaya 864 26 Odisha 9471 27 Rajasthan 11159 28 Sikkim 93 29 Tamil Nadu 5118 30 Tripura 601 31 Telangana 6925 32 Uttar Pradesh 66994 33 Uttarakhand 1456 Total 244001 GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTiCE

LOKSABHA

UNSTARRED QUESTION NO. t2183

TO BE ANSWERED ON WEDNESDAY, THE 4TH MARCH, 2020

VILLAGE COURTS

t2183. SHRI DHARAMBIR SINGH:

Will the Minister of LAW AND JUSTICE be pleased to state:

(a) whether the Government proposes to open village courts for speedy disposal of justice to the people; (b) if so, the details thereof and the time by which such village courts are likely to be opened; and (c) if not, whether the Government is required to open village courts considering the delay in disposal of justice to the people and the details thereof?

ANSWER

MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) to (c): The Gram Nyayalayas Act, 2008 provides for establishment of Gram Nyayalayas at the grass roots level for the purpose of providing access to justice to the citizens at their door steps. As per Section 3 (1) of the above Act, the State Governments, after consultation with the High Court, are responsible for establishing Gram Nyayalayas.

As per information available, 353 Gram Nyayalayas have been notified so far by eleven State Governments, out of which 221 are operational. The State- .I" , l , @ wise details of number of notified and operational Gram Nyayalayas are as "' follows: . SI. State Gram Nyayalayas Gram Nyayalayas No. Notified Functional 1 MP 89 87 2 Rajasthan 45 45 3 Karnataka 2 0 4 Orissa 22 16 5 Maharashtra 39 24 6 Jharkhand - 6 1 7 Goa 2 0 8 Punjab 2 2 9 Haryana 3 2 10 UP 113 14 11 Kerala 30 - 30 Total 353 221

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- , ' . GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

LOKSABHA UNSTARRED QUESTION NO. 2201

TO BE ANSWERED ON WEDNESDAY, THE 04.03.2020

Settil1g up of New High Court Bench

2201. SHRI :

Will the Minister of LAW AND JUSTICE be pleased to state:

a) whether Government is considering providing both financial and technical support for setting up of new High Court benches in the country; b) if so, the details thereof; c) whether one of the reasons for piling up of cases in the States is lack of new courts; d) if so, the details thereof; and e) whether the Ministry has received any proposal from the Odisha Government for setting up new High court in undivided district of ?

ANSWER

MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY

(SHRI RAVI SHANKAR PRASAD) (a): No Sir.

(b): Does not arise. ... ,

.-.

(c) and (d): Pendency of cases arise in courts due to several factors which "'....~-..-- include availability of adequate number of judges, complexity of the facts involved, nature of evidence, co-operation of stake-holders viz. bar, investigation agencies, witnesses and litigants besides the availability of physical infrastructure, supporting court staff and proper application of rules and procedures to monitor, track and bunch hearing of cases.

(e): The State Government of Odisha has requested for setting up of Orissa High Court Bench in Western and Southern region of Odisha. The proposal is however not complete in all respects.

*** .. GO'~ ~RNMENT OF INDIA MINISTR .. OF LAW AND JUSTICE DEPARTMENT OF JUSTICE ****** LOKSABHA

UNSTARRED QUESTION NO. +2251

TO BE ANSWERED ON WEDNESDAY, THE 4th March, 2020

Pending Rape Cases in Courts +2251. SHRI RAJIV RANJAN SINGH ALIAS LALAN SINGH:

Will the Minister of LAW AND JUSTICE be pleased to state?

(a) whether about one lakh sixty thousand cases related to rape of children and women are pending across the country and if so, the details thereof; (b)whether the Government proposes to establish more than one thousand fast track courts in order to dispose the cases specially rape cases; (c) if so, the State-wise number of such courts being established and the time by which they would start functioning; (d)whether the Government proposes to issue any guidelines for the time bound disposal of cases; and (e) if so, the details thereof? ANSWER/' MINISTER OF LAW & JUSTICE, COMMUNICATIONS, ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a to e) In furtherance to The Criminal Law (Amendment) Act, 2018, a Scheme has been fmalized for setting up of 1023 Fast Track Special Courts (FTSCs) across the country for expeditious trial and disposal of pending cases related to Rape and Prevention of Children from Sexual Offences (POCSO) Act, 2012, in a time-bound manner under Centrally Sponsored Scheme. The details of StateslUTs wise proposed FTSCs is given at Annexure-1. So far, Central share of funds amounting to Rs.99.43 Crore has been released during 2019-20 to 27 States/U'Ts which have so far consented to setting up of 649 number of FTSCs. As per "informationreceived from High

Courts, 195 FTSCs have already been set up till 31st January, 2020. Annexure-II As per information received from High Courts, the status of pending cases related to Rape and POCSO Act, as on 31st December, 2019 is given at Annexure-III . As per the Scheme of FTSCs, each such Court is expected to dispose 165 cases in a year for which StateslUTs Governments have been kept informed.

*** • . ...

... - ANNEXURE-I .q Lok Sabha USQ No. +2251 for 04/03/2020 StateslUTs wise data of proposed Fast Track Special Courts (FTSCs)

S.No. Name of StatelUT Proposed FTSCs 1 Andhra Pradesh 18 2 Telangana 36 3 AIN Island 01 4 Arunachal Pradesh 03 5 Assam 27 6 Bihar 54 7 Chandigarh 01 8 Chhattisgarh 15 9 Goa 02 10 Gujrat 35 11 Haryana 16 12 Himachal Pradesh 06 13 Jammu & Kashmir 04 14 Tharkhand 22 15 Karnataka 31 16 Kerala 56 17 Madhya Pradesh 67 18 Maharashtra 138 19 Manipur 02 20 Meghalaya 05 21 Mizoram 03 22 Nagaland 01 23 NCTofDelhi 16 24 Odisha 45 . 25 Punjab 12 26 Rajasthan 45 27 Tamil Nadu 14 28 Tripura 03 29 Uttarakhand 04 30 Uttar Pradesh 218 31 West Bengal 123 Total 1023 ANNEXURE-II

Lok Sabha Unstarred Question No. +2251 for 04.03.2020

State wise details of No. of Fast Track Special Courts (FTSCs) functional & established for Women and Girl children under the Scheme of FTSCs (January, 2020)

States No.ofFTSCs Madhya Pradesh - 56 Chhattisgarh 15

Delhi- 16 .Tripura 03 Jharkhand 22 Rajasthan 26 Telangana 09 Gujarat 34 Tamil Nadu 14 Total 195 .. .

ANNEXURE-III _.,. Lok Sabha USQ No. +2251 for 04/03/2020 Status of cases related to rape and POt :S() Act:(As on 31.12.2019) S.No. NO. OF CASES PENDING AS ON NAME OF THE STATESIUTS 31.12.2019 1 Andhra Pradesh ' 3897 2 Assam 6227 3 Arunachal Pradesh' 315 4 Mizoram 357 5 Nagaland 89 6 Maharashtra 21691 7 Goa 34 8 Daman & Diu 13 'J InlUlln & Nazar Haveli 27 10 Chhattisgarh 4159 11 West Bengal 20511 12 Delhi 11418 13 Gujarat 8372 14 Haryana 3707 15 Punjab 1734 16 Chandigarh 113 17 Bihar 13924 18 Himachal Pradesh 1450 I 19 J&K l388 20 Jharkhand 4630 21 Kerala 10958 22 Lakshadweep 15 I 23 Kamataka 6310 24 Madhya Pradesh 19981 25 Meghalaya 864 26 Odisha -- 9471 " 27 Rajasthan 11159 28 Sikkim 93 L'J IT::lml1Nadu :'il1R 30 Tripura 601 31 Telangana 6925 JL Iunar rraaesn hhQQ4 33 Uttarakhand 1456 Total 244001 • 1

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE ****** LOKSABHA

UNSTARRED QUESTION NO. +2273

TO BE ANSWERED ON WEDNESDAY, THE 4th March, 2020

Family Courts

+2273. snnr OMPRAKASH BHUPALSINH alias PAWAN RAJENIMBALKAR:

Will the Minister of LAW AND JUSTICE be pleased to state?

(a) whether the Government is formulating any separate scheme to set up family courts in the country; (b)if so, the details thereof; (c) the details of the action being taken by the Government to set up such family courts in Osmanabad districts in Maharashtra; and (d) the time by which the said courts are likely to be set up?

ANSWER MINISTER OF LAW & JUSTICE, COMMUNICATIONS, ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD) (a) to (d): The Family Courts Act, 1984 provides for establishment of Family Courts by the State Governments in consultation with the High Courts to promote conciliation and secure speedy settlement of disputes relating to marriage and Contd...... ; 2 .... family affairs. Setting up of Family Courts IS In the domain of the State

Governments who set up such Courts as per their need and resources In consultation with the concerned High Courts. Family Court is functioning at Osmanabad district in Maharashtra w.e.f. 4th February, 2018 as per Government of

Maharashtra notification dated 31st January, 2018.

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