Use of Pre-Menstrual Syndrome as a Defense
There have been several noted cases internationally and at least one in India where the court has had to entertain a defense plea of pre-menstrual syndrome as a mitigation factor for reduced culpability to the crime. Through a study of these cases, we discuss how these cases have considered the plea, and in doing so, legally defined the condition of premenstrual syndrome as a psychological and/or physiological event that affects the defendants. In this paper, we discuss the spectrum of this syndrome and the effects that are scientifically known to be associated with it, and use this to suggest how the mental insanity clause in the Indian Law can be revisited. We also discuss the repercussions of allowing such defenses in court without adequate screening and scrutiny on modern feminism.