Perinatal Mental Health and The Justice Delivery System In India

Abstract

On 20 April 2022 the Sessions Court of Greater Mumbai sentenced a postpartum depressed woman to lifetime imprisonment for abandoning and murdering her twin girl child (In re: The State of Maharashtra). In the absence of a diagnosis or treatment for postpartum depression at the time when the crime was committed, a plea of insanity was denied. This article considers how the absence of services for perinatal mental health in India may challenge the delivery of criminal justice in cases of infanticide.