CHILD PENAL SYSTEM IN NIGERIA AND INDIA: THE DIALECTICS OF THEORIES AND PRACTICE IN THE POST-COLONIAL ERA

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.