An amendment to the criminal procedure in December introduced reduced sentencing for cases involving postpartum depression, leading to the demise of a child under 12 months. However, some experts remain dissatisfied with the new clauses in the penal code and believe that further improvements are necessary.

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The revised law stipulates a jail term ranging from six months to two years upon conviction, but a crucial prerequisite is the confirmation of postpartum depression by a certified medical professional. In contrast, infanticide cases without this condition retain the penalty of life imprisonment.

Such changes stemmed from discussions within the judicial sector, including a 2019 Supreme Court petition filed by lawyers and activists challenging the 5-7 years jail term imposed on women suffering from postpartum depression who tragically kill their babies.

Filed by local lawyers from Certa, a law firm, supported by some NGOs, the petition contended that women affected by postpartum depression are not in their right state of mind, and, therefore, they should not be criminally liable in case they unfortunately kill their babies.

Chris Sengoga, the director of the Centre for Health and Rights, who is one of the lawyers who played a role in the petition, told The New Times that he is not yet satisfied with the changes and pointed at the need for further discussions involving doctors and lawyers to explore the nuances of the issue and determine the appropriate response.

"During the case, our argument was; why do we need to penalise people who commit crimes when they don’t have a right mind?” he said.

"I still insist that if someone commits a crime without a sound mind but gets penalised, we are going against the principle of criminology,” he added.

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However, he noted that there are good safeguards presented by the current laws for babies and their mothers. These include the fact that in the case of infanticide, the law calls for medical confirmation that the woman was suffering from postpartum depression.

In addition, he said the government has put in much effort to ensure that all women give birth at health centres, and this plays a role in avoiding any harm that would happen to the babies in case their mothers develop mental health issues.

Dr Celestin Mutuyimana, a Rwandan psychologist and research fellow at Collegium Helveticum Zürich, Switzerland, is also against criminal liability for mothers since they are "not aware of what they are doing” when they kill their babies while suffering from postpartum depression. However, he called for measures to confirm if that was the case.

"I don’t find why they need to be prosecuted because they are sick and not aware of what they are doing. For example, if you meet a person suffering from schizophrenia and they throw a stone at you, are they going to be prosecuted?” he asked.

He, however, noted that not all women who kill their babies do it due to postpartum depression. Therefore, he said there should be psychological and medical investigation to confirm whether they did not kill the child of their own free will.

"Confirmation depends on psychological and medical symptoms. There are levels of depression; moderate and major. Each has its symptoms. Most of the people who tend to kill their children are at the major level of depression. The psychiatrists have a way to know,” he noted.

Asked whether there is no possibility of people faking postpartum depression symptoms he said, "It is very rare to confuse a criminal and a person who has suffered from postpartum depression.”

For example, he noted that a depressed person will rarely attempt to flee after killing her baby.

Dr Kenneth Ruzindana, an obstetrician and gynaecologist, told The New Times that there are varying levels of postpartum depression. Some cases are mild symptoms and are characterised by symptoms like mood swings and crying spells, though there are severe ones that lead to postpartum psychosis, characterised by hallucinations, delusions, and paranoia.

"Though postpartum psychosis is very rare, it may lead to life-threatening thoughts or behaviour,” he said.

According to the Cleveland Clinic, postpartum psychosis is a rare condition affecting only 1 in 1,000 people after delivery. The symptoms generally occur quickly after delivery and are severe, lasting for a few weeks to several months. Symptoms include severe agitation, confusion, feelings of hopelessness and shame, insomnia, paranoia, delusions or hallucinations, hyperactivity, rapid speech, or mania.

Screening for postnatal maternal depression and anxiety, "with referral and management services where needed” is one of the recommendations by the World Health Organisation for postnatal care.