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Rajasthan High Court has acquitted a woman charged with murdering a child on the ground that at the time of committing the crime, she was suffering from insanity triggered by premenstrual stress syndrome or PMS. The court relied on the testimony of three doctors who agreed that the woman suffered from severe PMS, with one doctor saying her symptoms were so severe she needed to be tranquillised.
The judges also relied on books and research papers on the subject. In their judgement they wrote:
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The problem is that PMS is not a clearly defined syndrome. Researchers have identified as many as 150 symptoms that fall in this category.
A 2011 study in the Journal of Women’s Health stated that 20 percent of menstruating women have PMS that affects their life enough for them to seek help for it.
So how do you diagnose PMS?
There is a form of PMS that is more serious. Premenstrual Dysphoric Disease or PMDD has been recognised as a mental health disorder by American Psychiatric Association’s Diagnosis and Statistical Manual of Mental Disorders.
According to Mayo Clinic:
But can someone with PMDD commit the ultimate act of violence that is murder?
Speaking with FIT, Delhi based psychologist Dr Aruna Broota says she has seen cases of PMS where women display symptoms like anxiety, hysterical behaviour like crying, screaming, throwing things, or even beating their children.
PMS, or more correctly PMDD, as criminal defence is rare in India. But insanity triggered by PMS is reportedly recognised in France, and there have been cases, some very high profile ones, where women have pleaded diminished responsibility or mitigating circumstances due to PMS in the UK . Australian criminologist Dr Patricia Easteal, in her paper PMS in the Courtroom, has collated different instances where severe PMS was used as defence, and Rajasthan HC has referred to her work in their judgement.
An attempt in the US to apply this defence was met by resistance, mainly by feminist organisations that feared it would perpetuate the image of a woman as a slave of her hormones.
It’s a real fear, but so is the medical condition that leads to severe PMS. In her paper, Dr Easteal talks about the burden of proof and how it must meet the most rigid requirements in these cases.
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Published: 07 Aug 2018,06:15 PM IST