“Jay Mala”的意思、由来-开放百科全书

Jay Mala as the President of Indian Student Congress in 1979 led thousands of university students in protest against the Janata Party government at India Gate, New Delhi. Then minister of external affairs and future prime minister Atal Bihari Vajpayee attempted to address the angry crowd but was pelted with stones. While bleeding from the head he was protected by Jay Mala, who led him to escape into the neighbouring Parliament building. In the aftermath of the protests Vajpayee personally secured the release of Jay Mala from Parliament Street Police Station.^[4]

Jay Mala vs. Home Secretary, Government of Jammu and Kashmir

In 1982 she won a case against the Government of Jammu and Kashmir in the Supreme Court. Jay Mala, acting as a legal aid advocate, secured the release of Riaz Ahmed, proving he was still a minor when he was falsely imprisoned in Jammu and Kashmir.^[9] Chief justice P. N. Bhagwati quashed the detention stating the prisoner was a school boy protesting for student rights and not as the police had falsely accused him of being an adult threatening grievous bodily harm armed with a knife.

The case set precedent in India for determining the age of a minor detainee. The judges established that a two years margin of error be applied in judicial proceedings to radiological and orthopaedic test results used to determine age in favor of the accused.^[10] The case has been continuously quoted for three decades to secure the release of minors across India,^[11] and influenced legislation of the Juvenile Justice Act, 2000.^[12]^[13]

1983 Jammu and Kashmir General Elections

She co-founded the Panthers Party in 1982, that contested all seats in the 1983 Jammu and Kashmir Legislative Assembly elections. Jay Mala stood in the Udhampur constituency as the only female candidate against sixteen other men. She came third with 3,768 votes (13.75%).^[14]

She polled the second most votes out of all women candidates in the general election.^[15] Only seven females had contested out of a total 512 candidates.

Bhim Singh, MLA vs State of J&K

In 1984 her husband Bhim Singh, an elected opposition member, was illegally arrested and hidden by the police while en route from Jammu for a debate at the Jammu and Kashmir Legislative Assembly in Srinagar scheduled for 11 September, where his vote may have been crucial.^[6] Jay Mala filed a case against the Government of Jammu and Kashmir, including then Chief Minister Ghulam Mohammad Shah as a respondent in order to find her husband and set him free.^[16]

After Bhim Singh's release she was his advocate in suing the government for compensation. In a 1985 landmark judgement O. Chinnappa Reddy awarded her husband 50,000 rupees.^[5] The order of the judgment as the first case for monetary compensation for false detainment, along with its high profile nature made it a quoted case in future litigations across India impacting law of tort.^[17]

In the case judge Reddy also ruled on the politicized nature of her husband's false imprisonment, stating that the two police officers who acted with "mischievous or malicious intent" were mere subordinates and that he did "not have the slightest doubt that the responsibility lies elsewhere and with the higher echelons of the Government of Jammu and Kashmir."^[18]

1987 Jammu and Kashmir General Elections

In the 1987 Jammu and Kashmir Legislative Assembly elections she was a candidate from the Jammu East constituency. She came fourth out of 19 candidates with 634 votes (2.25%).^[19]

There were just 13 females out of a total 528 candidates in the general election.

Personal life

She is married to Bhim Singh, leader of the Panthers Party. Her son Ankit Love^[20] is the leader of the One Love Party of Great Britain.^[21] She named him Love, with hope he would bring peace to the Kashmir conflict.^[22]^[23]

References

1. ^{{Cite news|url=http://epaper.dailyexcelsior.com/epaperpdf/2014/nov/14nov30/page5.pdf|title=Bhim terms ongoing elections battle of Mahabharat|last=|first=|date=|work=Daily Excelsior|quote=Jay Mala, a senior Supreme Court Advocate and a social activist, also addressed a rally in Chenani Assembly constituency.|access-date=2016-12-20|via=}}
2. ^{{Cite web|url=https://www.nationalheraldindia.com/author/448455|title=Mala Jay |website=nationalheraldindia.com|language=en|access-date=2018-07-11}}
3. ^{{Cite web|url=http://www.elections.in/political-parties-in-india/jammu-and-kashmir-national-panthers-party.html|title=Jammu and Kashmir National Panthers Party (JKNPP) – Party History, Symbol, Founders, Election Results and News|website=elections.in|access-date=2016-12-20}}
4. ^¹{{Cite web|url=http://www.scoopnews.in/det.aspx?q=18198|title=Bhim greets Atal Bihari on his 84th birthday|last=|first=|date=|website=Scoop News - Jammu Kashmir|publisher=|access-date=2016-12-20}}
5. ^¹{{Cite web|url=https://indiankanoon.org/doc/1227505/|title=Bhim Singh, Mla vs State Of J & K And Ors|last=|first=|date=22 November 2016|website=Indian Kanoon|publisher=|access-date=2016-12-20|quote=He was taken away by the police. As it was not known where he had been taken away and as the efforts to trace him proved futile, his wife Smt. Jayamala, acting on his behalf, filed the present application for the issue of a writ to direct the respondents to produce Shri Bhim Singh before the court, to declare his detention illegal and to set him at liberty.}}
6. ^¹{{Cite web|url=http://www.supremecourtcases.com/index2.php?option=com_content&itemid=1&do_pdf=1&id=15972|title=A Jurisprudential Analysis—Bhim Singh v. State of Jammu & Kashmir|last=Subramanium|first=Giriraj|date=|website=Supreme Court Cases|publisher=|access-date=2016-12-20}}
7. ^{{Cite web|url=http://www.thelondoneconomic.com/news/homeless-mp-candidate-shut-saudi-qatari-brunei-embassies-westminster/02/06/|title=Homeless MP candidate would "shut down" Saudi, Qatari and Brunei embassies in Westminster|last=|first=|date=|website=The London Economic|language=en-GB|archive-url=|archive-date=|dead-url=|access-date=2017-06-04|quote=}}
8. ^{{Cite web|url=http://www.jkmedia.net/featured/ankit-love-33-is-the-new-leader-of-the-panthers-party-of-india/|title=Ankit Love, 33 is the New Leader of the Panthers Party of India {{!}} JK Media News|last=|first=|date=|website=JK Media|language=en|archive-url=|archive-date=|dead-url=|access-date=2017-06-04}}
9. ^{{Cite web|url=https://indiankanoon.org/doc/203168/|title=Jaya Mala vs Home Secretary, Government Of ... on 29 July, 1982|last=Bhagwati|first=P|date=29 July 1982|website=Indian Kanoon|publisher=|access-date=2016-12-20}}
10. ^{{Cite web|url=http://irgu.unigoa.ac.in/drs/bitstream/handle/unigoa/4631/ferrao_r_b_2013.pdf?sequence=1&isAllowed=y|title=Enforcing Child Laws and Juvenile Justice in Goa|last=Ferrao|first=Ranjana Beverly|date=May 2013|website=|publisher=Goa University|page=232|access-date=2016-12-20}}
11. ^{{Cite web|url=https://indiankanoon.org/doc/313664/|title=Parvez Quadar Khan vs Union Of India (Uoi) And Anr|last=|first=|date=17 January 1990|website=Indian Kannon|publisher=|access-date=2016-12-20|quote="Learned counsel for the petitioner then contended that since in the case of Jaya Mala v. Home Secy. AIR 1982 SC 1297 : (1982 Cri LJ 1777) the Supreme Court had held that a young boy of 17 years could not be preventively detained"}}
12. ^{{Cite journal|last=Kadri|first=Harunrashid|year=January 2004|title=Juvenile Justice (Care & Protection of Children) Act, 2000 - Overview|url=https://www.researchgate.net/profile/Dr_Harunrashid_Kadri/publication/261028120_The_Juvenile_Justice_Care_Protection_of_Children_Act_2000_-_An_Overview/links/00b495330f904ddd8e000000.pdf|journal=Criminal Law Journal|volume=|pages=224|via=ResearchGate}}
13. ^{{Cite web|url=https://indiankanoon.org/docfragment/120737850/?formInput=%22jaya%20mala%22|title=Dharmendra Munib Gupta vs The State Of Maharashtra on 16 July, 2013|last=|first=|date=|website=Indian Kanoon|publisher=|access-date=2016-12-20}}
14. ^{{Cite web|url=http://eci.nic.in/eci_main/StatisticalReports/SE_1983/StatisticalReport_JK_1983.pdf|title=Statistical Report on General Election, 1983 to the Legislative Assembly of Jammu & Kashmir|last=|first=|date=|website=|publisher=Election Commission of India|page=93|access-date=2016-12-20}}
15. ^{{Cite web|url=http://eci.nic.in/eci_main/SR_KeyHighLights/SE_1983/StatisticalReport_JK_1983.pdf|title=Key Highlights of General Election to the Legislative Assembly of Jammu & Kashmir|last=|first=|date=|website=|publisher=Election Commission of India|page=8|access-date=2016-12-20}}
16. ^{{Cite web|url=https://indiankanoon.org/doc/61710/|title=Bhim Singh vs State Of J&K on 31 August, 1984|last=|first=|date=31 August 1984|website=Indian Kanoon|publisher=|access-date=2016-12-20}}
17. ^{{Cite book|url=https://books.google.co.uk/books?id=2sMwFTOrixwC&pg=PA124&lpg=PA124&dq=bhim+singh+compensation+case+kashmir&source=bl&ots=Tqx6SAO7-q&sig=wgCQWiSOTKSEK1v4JEsoKAlonI4&hl=en&sa=X&ved=0ahUKEwjs7ZDJqYLRAhVHWBQKHaE6B0UQ6AEILjAD#v=onepage&q=bhim%20singh%20compensation%20case%20kashmir&f=false|title=Human Rights from a Comparative and International Law Perspective|last=Church|first=Joan|last2=Schulze|first2=Christian|last3=Strydom|first3=Hennie|date=2007-01-01|publisher=Unisa Press|year=|isbn=9781868883615|location=|page=|pages=124–125|language=en|quote=As part of its remedial power, the Supreme Court directs the state to pay compensation. For further illustration the following cases can be mentioned.|via=}}
18. ^{{Cite book|url=http://www.hrln.org/hrln/images/stories/pdf/prisoners%20rights%20volume%20ii.pdf|title=Prisoners' Rights Volume II|last=Sakhrani|first=Monica|publisher=Human Rights Law Network|year=December 2011|isbn=81-89479-77-6|location=New Delhi|pages=16-23, 327, 371-355|quote=|via=}}
19. ^{{Cite web|url=http://eci.nic.in/eci_main/StatisticalReports/SE_1987/StatisticalReport_jk_87.pdf|title=Statistical Report on General Election 1987 to Legislative Assembly of Jammu and Kashmir|last=|first=|date=|website=Election Commission of India|publisher=|access-date=1 January 2016}}
20. ^{{Cite news|url=http://www.newsgram.com/people-of-london-get-ready-here-comes-one-love-party/|title=People of London Get Ready, Here Comes One Love Party|last=Singh|first=Shillpi|date=2016-05-04|work=|newspaper=NewsGram India|language=en-US|access-date=2016-12-20|via=}}
21. ^{{Cite news|url=http://www.huckmagazine.com/perspectives/reportage-2/ankit-love-revolutionary-royal-london-mayoral-candidate-youve-never-heard/|title=The unknown revolutionary royal who wants to be London's next Mayor|last=|first=|date=2016-05-05|work=|newspaper=Huck Magazine|language=en-US|access-date=2016-12-20|via=}}
22. ^{{Cite web|url=http://www.kashmirlife.net/all-of-a-sudden-kashmir-has-a-king-living-in-exile-103812/|title=All of a Sudden, Kashmir Has a King, Living in Exile!|last=Rashid|first=Saima|date=30 April 2016|website=Kashmir Life|publisher=|access-date=2016-12-20}}
23. ^{{Cite news|url=http://indianexpress.com/article/india/india-news-india/london-mayoral-polls-maharaja-with-message-of-peace/|title=London mayoral polls: ‘Maharaja’ with message of peace|last=|first=|date=2016-05-02|work=|newspaper=The Indian Express|quote="His mother named him Love with the hope that he would bring peace to the region"|access-date=2016-12-20|via=}}