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Can a punishment be both penal erasure as well as a criminal prosecution?

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Dr KK Aggarwal and Ms Ira Gupta    30 May 2018

The answer to this lies in Chapter 7 of the MCI regulations relating to the Professional Conduct, Etiquette and Ethics for registered medical practitioners, which states as follows:

7.6 Sex Determination Tests: On no account sex determination test shall be undertaken with the intent to terminate the life of a female foetus developing in her mother’s womb, unless there are other absolute indications for termination of pregnancy as specified in the Medical Termination of Pregnancy Act, 1971. Any act of termination of pregnancy of normal female foetus amounting to female foeticide shall be regarded as professional misconduct on the part of the physician leading to penal erasure besides rendering him liable to criminal proceedings as per the provisions of this Act.

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