“A Culture Of Silence”: A Sociological Analysis Of Causality, Stigma, And The Lived Experiences Of Women Navigating India’s Domestic Violence Laws

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Arpana Devi & Dr. Mukesh Mohan

ABSTRACT

While institutional failures in implementing the Protection of Women from Domestic Violence Act, 2005 (PWDVA) are well-documented, I argue that a purely institutional critique is insufficient. The legal framework operates within a socio-cultural ecosystem defined by entrenched patriarchy, pervasive social stigma, and the “culture of silence” that normalizes violence. This article moves beyond the “law in books” to analyze the “law in life.” Drawing on a sociological analysis of national datasets (NFHS-5, NCRB) and a synthesis of qualitative “lived experience” studies, this paper explores three questions: (1) What are the deep sociological roots of domestic violence in India? (2) How do social stigma and cultural norms (e.g., “family honor”) create near-insurmountable barriers for women seeking to access the law? and (3) How do these pressures reshape the plaintiff’s legal journey, forcing her to redefine “justice” as “compromise”? I contend that for many women, the legal system is not a site of rights- vindication but a tactical-though-painful space for negotiating survival, often by leveraging the threat of criminal law (Sec 498A) to bypass the failures of the civil law (PWDVA). This reveals a profound gap, not just in implementation, but in the law’s capacity to counter cultural-hegemony.

Keywords: Domestic violence, lived experiences, sociological analysis, India, patriarchy, stigma, women litigants, Section 498A, NFHS-5

“A CULTURE OF SILENCE”- A SOCIOLOGICAL ANALYSIS OF CAUSALITY, STIGMA, AND THE LIVED EXPERI.

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