In a strange order, a woman who was accused of murdering a child was acquitted for the reason that during that time, she was suffering from “insanity triggered from Premenstrual Stress Syndrome” or PMS. This judgment was passed by the Rajasthan High Court.

The woman had pushed off three children in a well. Out of the three, two were fortunately saved, however, one died due to drowning. The trial court had convicted the woman under sections 302, 307, etc. of the Indian Penal Code (Punishment for murder and punishment for attempt to murder), and was ordered life imprisonment and four years rigorous imprisonment with fines of Rs. 100 and Rs. 400, under these sections.

The woman had pleaded that she was suffering from a mental disease (known as PMS) before this trial court. She stated that this disease made her dangerously aggressive a few days before her menstrual cycle began.

The Bench of judges took notice of this after three doctors testified, and after reading books on the disease or subject. One of the doctors who had treated the woman also stated that it is true that some women do not remain normal in days before their period begins. He also said that some women do become violent and even commit suicide.

An Article on PMS was quoted by the judges which said that PMS is a disorder which may affect many women and also includes symptoms such as depression, anxiety, bloating, thirst, excessive appetite, lethargy, etc. It was stated that not all patients experience all of these symptoms, and the diagnosis depends on the timing of the symptoms rather than the type, severity, or the number of it. The symptoms may begin and even increase, from 7-14 days prior to the menstruation and the graph of it may range from mild to even “incapacitating”, it was said.

The accused was acquitted of all the charges, and while doing so, the judges said that though the laws in India are not developed to the extent of holding PMS as a defence of insanity, however, the offence she committed was involuntary and she had a right to defend herself and her actions.

As carried in LR