Open Access Research Article
CHILD PENAL SYSTEM IN NIGERIA AND INDIA: THE DIALECTICS OF THEORIES AND PRACTICE IN THE POST-COLONIAL ERA
Abstract
Abstract
This research examines the divergence
between theoretical frameworks and practical realities within the child penal
systems of Nigeria and India during the post-colonial era. Drawing from a
comparative legal analysis, the study investigates how historical British
colonial administration shaped juvenile justice structures in both nations,
creating systems that, while sharing common law heritage, developed distinct
characteristics. The findings reveal that despite ratification of international
instruments like the United Nations Convention on the Rights of the Child,
implementation remains inconsistent across both jurisdictions. In Nigeria, a
tripartite system comprising Customary Law, Shari’ah-based provisions, and
English Common Law creates jurisdictional complexity, while India’s
constitutional framework establishes protective directives that often conflict
with social realities. The research identifies significant gaps between
codified legal protections and actual practice, with socioeconomic factors,
urbanisation pressures, and institutional neglect contributing to systemic
failures. The study concludes that meaningful reform requires redefining
institutional structures beyond colonial legacies, incorporating indigenous
cultural values, and developing contextually appropriate approaches that bridge
the persistent gap between policy aspirations and ground-level realities.
Published Paper
Author Details
Authors: OLADAYO BODE AKANBI
Registration ID: 1013072 | Published Paper ID: IJLRA13072
Year: Aug-2026 | Volume: 3 | Issue: 5
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 1856-1873
Article Information
CHILD PENAL SYSTEM IN NIGERIA AND INDIA: THE DIALECTICS OF THEORIES AND PRACTICE IN THE POST-COLONIAL ERA
Authors: OLADAYO BODE AKANBI
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 5
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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