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

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Dr KK Aggarwal & Advocate Ira Gupta    19 January 2019

The answer to this lies in Chapter 7 of the MCI Code of Ethics Regulations on Misconduct.

Regulation 7.6 in this Chapter explains this with the issue of sex determination tests. It states as follows: “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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