DECOLONIZING JUSTICE – LEGAL CRITIQUE OF THE CARCERAL SYSTEMS IN POST-COLONIAL STATES WITH SPECIAL REFERENCE TO INDIA, SOUTH AFRICA, AND CANADA

AUTHOR – SAMANTHA SMRITI R, STUDENT AT CHRIST (DEEMED TO BE) UNIVERSITY

BEST CITATION – SAMANTHA SMRITI R, DECOLONIZING JUSTICE – LEGAL CRITIQUE OF THE CARCERAL SYSTEMS IN POST-COLONIAL STATES WITH SPECIAL REFERENCE TO INDIA, SOUTH AFRICA, AND CANADA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 655-669, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This research paper examines the colonial roots and lasting impact of carceral systems in post-colonial countries, especially India, South Africa, and Canada. It looks into how colonial law continues to shape prison management, legislation, and the ongoing oppression of marginalized groups in these regions. Using doctrinal, analytical, and comparative methods, the study evaluates current penal laws and their alignment with restorative justice. It calls for decolonial strategies that challenge punitive colonial legacies and improve rehabilitation, human dignity, and community-based options. By comparing indigenous justice traditions with colonial punitive models, this article contributes to the academic discussion on decolonizing justice systems and proposes inclusive legal reforms for social equity and the protection of human rights.