CHAPTER I

INTRODUCTION

1.1 Background of Study

Human rights is a universal right for everyone. The concept of human rights was born out
of the idea that people are born with equal rights and dignity between each other. As fellow human
beings, it is appropriate that the international community views human rights as universal or
applicable to all human beings. The concept of modern human rights was initiated by the Universal
Declaration of Human Rights (UDHR) adopted by the United Nations General Assembly in
December 1948. It reads that everyone is entitled to all rights contained in the declaration without
distinction of race, color, sex, language, religion, politics or other views, national or civic origin,
possession, birth or other positions.1 UDHR 1948 is a United Nations (UN) decision which became
one of the achievements in the implementation of universal human rights, and also a milestone in
the global human rights application. However, even though it has been set in a binding declaration,
it does not mean that human rights in the international world have been perfectly enforced. The
concept of universality in human rights instrument implementation still faces several obstacles. Commented [G1]: Inserted: the

India have adopted international and national human right instrument. Yet the violation of
human rights is still happening in India. Within the status of developing country with one of the
highest rising level of economic, technology, and military progress in Southeast Asia yet the
development of human in India have shown differently within the rising of India especially in the
inequality development among gender. India as an active member country of UN and have also
participated in the ratification of the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) in 1993.2 CEDAW has three main principles namely the principle of
equality to the substantive equation of viewing equal rights of men and women, the principle of
non-discrimination, especially discrimination based on sex in the fulfillment of fundamental

1
OHCHR. (n.d.). Universal Declaration of Human Rights. Retrieved from
http://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/eng.pdf
2
United Nations. (n.d.). CEDAW 29th Session 30 June to 25 July 2003. Retrieved from
http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm
freedoms and human rights, and the principle of state obligation that participating countries are
the main actors with responsibility for ensuring the equal rights of men and women in areas such
as politics, economics and culture.3 By this means, India responsible to abide by the rules of
CEDAW articles including direct and indirect violence against women. The constitution of India Commented [G2]: Deleted:ve

have provides equality to women and to also encourages the state to take positive steps on all forms
of discrimination against women to neutralize cumulative figures on the socioeconomic,
educational, and political implications facing them. The basic rights, inter alia, guarantee equality
before the law and the same legal protection; prohibits discrimination against every citizen based
on religion, race, caste, sex or place of birth, and ensures equality of opportunity for all citizens in
matters relating to work.4 Yet, the enforcement of equality among gender did not shown as smooth
as it happen in real life. As shown in the report from Social Institutions and Gender Index (SIGI)
in 2012 on discrimination against Indian women is ranked 56th of 102 countries5, and according
to World Economic Forum, Gender Gap Report 2012, it has ranked India in 105 among 135
countries and scored 0,66 in the scale of 0 to 1 in equality progress between men and women. 6
Also United Nations Development Program (UNDP) have published the India’s factsheet on
Gender and Social Exclusion Indicators that shown India is still at points 0.5904 at the rank 96 of
136 countries7. This have shown that India still has a major responsibility that still remains a
challenge to prosper its people in set of human rights standard, especially in addressing gender
discrimination against women.
India have a complex perspective on women regarding its history and its tradition.
Throughout the history of India, the status of women divided into three period which are early,
medieval, and modern, every period shown the role of women has always been undermined. 8

3
United Nations. (n.d.). Convention on the Elimination of All Forms of Discrimination against Women. Retrieved
from http://www.un.org/womenwatch/daw/cedaw/
4
National Legal Research Des. (n.d.). Constitutional and Legal Provisions for Women in India. Retrieved from
https://nlrd.org/womens-rights-initiative/legislations-laws-related-to-women/constitutional-and-legal-provisions-for-
women-in-india?subscribe=success#blog_subscription-2
5
Social Institutions & Gender Index. (2012). 2012 SIGI Social Institutions and Gender Index.
Retrieved from https://www.oecd.org/dev/development-gender
6
Hausmann, R., & Tyson, L. D. The Global Gender Gap Report 2012.
7
United Nations Development Programme. (2009). India Factsheet Gender and Social Exclusion Indicators.
Retrieved from
http://www.in.undp.org/content/dam/india/docs/india_factsheet_gender_n_social_exclusion_indicators.pdf
8
Tharakan, S., & Tharakan, M. (1975). Status of Women in India: A Historical Perspective. Social Scientist, 4(4/5),
115-123. doi:10.2307/3516124
Women have always been seen as belonging to men. Only men are regarded as being wise. Women
are not allowed to build their own identity. Women are always seen as children or wives of a man.9.
Not only that, the violation of women in India proved by many crimes against women. As National
Crime Bureau (NCRB) have reported from their publications, crimes against women varied in
India such as rape, kidnapping and abduction, dowry death, cruelty by husband and relatives,
assault on women with intent to outrage her modesty, importation of girl from foreign country.10

Source: National Crime Records Bureau. (2013). Crime in India 2012. Retrieved from Ministry of Home Affairs
website: http://ncrb.gov.in/StatPublications/CII/CII2012/cii-2012/Chapter%205.pdf

As shown above in the table, it has proved India still has a strong patriarchal socio-
economic culture that affect women’s life in there. As for patriarchy means by the Oxford
dictionary is “A system of society or government in which the father or eldest male is head of the
family and descent is reckoned through the male line”.11 In which has causes the rising number of
crimes against women that kept rising from 2008 to 2012. The high number of crimes against
women cases explained that the protection of women is not as essential as seen from various
reasons such as the absence of legal justice for the perpetrators of crime, the lack of healing efforts
for victims both physically and psychologically the victims, as well as the high skepticism towards

9
Tharakan, S., & Tharakan, M. (1975). Status of Women in India: A Historical Perspective. Social Scientist, 4(4/5),
115-123. doi:10.2307/3516124
10
National Crime Records Bureau. (2013). Crime in India 2012. Retrieved from Ministry of Home Affairs website:
http://ncrb.gov.in/StatPublications/CII/CII2012/cii-2012/Chapter%205.pdf
11
Patriarchy | Definition of patriarchy in English by Oxford Dictionaries. (n.d.). Retrieved from
https://en.oxforddictionaries.com/definition/patriarchy
the negative stigma of society towards women. Often the patriarchal culture in India causes women
to be the targets of sexual crimes by men.
Sexual crimes against women in India has marked in the significant gang rape cases on
December 26, 2012. As many people known as gang rape in Delhi and it spread all over the
international news. The story of Jyoti Singh Pandey or more widely known as Nirbhaya because
of the Indian law to forbid using a real name for the victim of rape cases. It has been known as the
brutal rapes victims. At that time, the victim accompanied by a friend of his man, Awindra Pandey
was on his way home by bus to Delhi. It was on the bus that Nirbhaya was brutally raped by bus
drivers and six youths in turn. His friend Jyoti himself was beaten to fainting. In addition to being
raped, a perpetrator then inserts a rusted iron bar into the victim's genitals. After finishing the
victim's rape, Jyoti and his friend were thrown off the bus and just got help three hours later. The
victim eventually died thirteen days after the incident in Singapore.12
The case of Nirbhaya has captured international attentions. Media have cover up the story
and the news of Nirbhaya case spread all over the world. As for that spread news, India have
received condemnation from UN on the regard of this case and demand India to seek justice and
law on women lives.13 Media also cover up the whole news and public protest that took places in
Delhi, Calcutta, Bangalore and Mumbai.14 In Bangalore, more than 600 from various group of
women marched and demonstrated. People move down the road to protest what happened to Jyoti
Singh. People of India demand justice and law for this Nirbhaya rape cases and punishment to the
perpetrators. Protester and police had a battle of water canon to apart the march during the protest,
the anger of protestor does not stop there. This has triggered social movement called Nirbhaya
movement. People also took social media as their tool to express their protest in Facebook,
WhatsApp and Twitter, A black dot symbol was used as profile picture in Facebook and
WhatsApp. Meanwhile in Twitter, the hashtags of #Nirbhaya has taken global attention like
politicians, celebrity and influencer toward the case.15 The social movement also triggered global

12
By Sumnima Udas, CNN. (2013, December 16). Covering the rape case that changed India - CNN. Retrieved from
https://edition.cnn.com/2013/12/04/world/asia/india-rape-problem-udas/index.html
13
United Nations Condemns Gang-Rape and Murder of Teenage Girls in Uttar Pradesh and Calls for Justice - UN
India. (n.d.). Retrieved from http://in.one.un.org/page/united-nations-condemns-gang-rape-and-murder-of-
teenage-girls-in-uttar-pradesh-and-calls-for-justice/
14
Delhi protests after rape death. (2012, December 29). Retrieved from http://www.bbc.com/news/world-asia-
india-20863707
15
Here is how, Twitter reacts on SC Verdict of Nirbhaya Delhi rape Case. (2013, May 5). Retrieved from
https://satyavijayi.com/twitter-reacts-sc-verdict-nirbhaya-delhi-rape-case/
protest to Nirbhaya cases on Nepal, Bangladesh, Sri Lanka, Pakistan, Paris, United Kingdom, and
United States.16
The various responses of the Nirbhaya movement have brought international human rights
awareness and international pressure on crimes against women in India, especially in the case of
sexual violations. Discussions and movements in the struggle of women's fate and women's rights
as human rights are not new in India. In this case, the rights of women that have been degraded in
the past have been expressed through this global mass protest causing India pressure to concerned
more on the rights of woman to live peacefully in there.
In that light, the writer will try to analyses The Responses of India toward Nirbhaya
Movement as International Pressure in addressing crimes against women in India (2012-
2013). The writer pick this topic because this issue is interesting to be analyzed due to the
compliance of states to follow international human rights standard and to see what extent that
Nirbhaya movement seen as international human right pressure.

1.2 Problem Identification

The right of women as a human right have been of particular concern for a long time,
especially at the international level. There have been many statutes, rules, and laws governing
women rights. Almost all countries around the world have been active in voicing and upholding
human rights, and have ratified international treaties to demonstrate a strong commitment to their
responsibility to fight for human rights, especially the rights of women as citizens. However, cases
of violence and discrimination against women are still very high. Especially in India, women are
still considered second-ranked citizens after men.
India’s history of sexual violation has been a long journey to begin with. The concern of
international community to put an end to the violation of human rights especially for women has
been a long fight for India itself. The government of India has indeed made various efforts to
reduce the rate of gender discrimination in India, especially in cases of sexual violence. India also
has ratified CEDAW as international human rights instrument in which they have to compliant to

16
International Journal of Development Research. (2014). UNDERSTANDING SOCIAL AND LEGAL IMPACTS OF
NIRBHAYA MOVEMENT, INDIA (2012). International Journal of Development Research, 4(6). Retrieved from
http://www.journalijdr.com
international human rights standard. Equipped with national constitution and international human
rights instruments contribute a bit in the enforcement to protect their women. The protection and
appreciation of women are at an alarming rate in which we can see from the recent cases of rape,
violence and murder.
The rape case of Jyoti Singh Pandey was a shed of light moment where global attention
focused on the crimes against women that had been happened in India. The mass protest and social
media movement has intrigued India problem on addressing the crimes against women. On this
case, it has pressured the government of India to take action regarding the crimes against women.
Thus, the writer wants to know the extent of how states response to mass protest as international
human rights pressure. In which this research writing will analyses the government of India
response toward the Nirbhaya movement toward the crimes against women in 2012-2013.

1.3 Statement of the Problem

How was India government response Nirbhaya movement as international human right
pressure on addressing crimes against women in India? (2012-2013)

1.4 Research Objectives

This research writing will have several objectives to:

 Analyze the global mass protest as international human right pressure
 Analyze the effect of global mass protest in international relations
 Analyze the states response toward international human rights pressure
 To know the obstacles that the India has taken in reducing the high number of
discriminatory acts against women

1.5 Significance of the Study

This thesis aims to gain comprehension on how states response the international human
rights pressure and how states compliance with international human right standards in addressing
crimes against women. In addition, there are also several points that the writer highlights in this
thesis:
  to increase knowledge for the author on the reality of international relations and
international phenomena that occur in particular existence using a global protest as
an international pressure to state
 to be useful to train writer and reader to be more sensitive and responsive in analyse
human rights issues especially women's rights
 To give an understanding the movement as a non-state actor in international
relations
 To give an understanding the role of media to spread the mass movement
 To give an understanding the case of human right violation especially sexual
violation in India and to enhance the understanding about India deeply

1.6 Theoretical Framework

1.6.1 Regime Theory

Regimes have been popular since the era of 20th century as the globalization era Commented [G3]: Inserted: ve

started. Globalization has gained regime establishment on the interaction of international Commented [G11]: Deleted:s

community. What is meant by regime in this theory differ with “regime” in contemporary English.
“Regime” would refer to “system of government” or “a government in power”17, which has led
critique to this theory as sometimes misapplied term. Such term would differ in the usage of the
application toward national or international politics18
By that mean, Stephen Krasner has defined Regime “as sets of implicit or explicit principles,
norms, rules, and decision-making procedures around in which actor's expectation converge in a
given area of International Relations".19 While on the other scholar, Marc A. Levy, Oran R. Young Commented [G4]: Inserted: -

and Michael Zurn on their working paper defined; “International regimes as social institutions
consisting of agreed upon principles, norms, rules, procedures, and programs that govern the

17
Definition of REGIME. (n.d.). Retrieved from https://www.merriam-webster.com/dictionary/regime
18
Donnelly, J. (1986). International Human Rights: A Regime Analysis. International Organization, 40(3), 599-642.
Retrieved from http://remote-lib.ui.ac.id:2059/stable/2706821
19
Krasner, S. D. (1982). Structural Causes and Regime Consequences: Regimes as Intervening Variables
(1982). International Law and International Relations, 3-17. doi:10.1017/cbo9780511808760.004
interactions of actors in specific issue-areas.”20 Thus, regime, in general, is a set of the behavior Commented [G5]: Inserted: ,

of actors in International Relations that contain principles, norms, and rules in it. This behavior
would lead to a cooperation and through the institution in which would make a regime work. Commented [G6]: Inserted: ,
Commented [G7]: Inserted: the
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20
Levy, M. A., Young, O. R., & Zurn, M. (1994, November). The Study of International Regimes. Retrieved from
http://pure.iiasa.ac.at/4099/