The members of the Dynamic Dermatologist and Hair Transplant Association filed a Public Interest Litigation (PIL) in the Bombay High Court to contest the guidelines issued by the Dental Council of India (DCI) on December 6, 2022. The guidelines grant permission to oral and maxillofacial surgeons, who are primarily dental practitioners, to perform aesthetic and hair transplant surgeries across the nation.
On September 12, a legal action was initiated in the Bombay High Court through a PIL. The petition aimed to address the ongoing practice of aesthetic and hair transplant surgeries being performed by oral and maxillofacial surgeons who lack the requisite qualifications for such procedures.
The PIL was brought before a division bench, comprising Chief Justice Justice Devendra Kumar Upadhyaya and Justice Amit Borkar. The bench sought clarifications regarding the establishment of the National Dental Commission of India (NDCI) as mandated by the recently enacted National Dental Commission Act, 2023. The Court indicated its intention to implead the NDCI as a respondent to the current petition.
During the hearing, counsel Krishna Ganbavale informed the Court that dental practitioners have been conducting hair transplant procedures. Under the guidelines, these surgeons are primarily dentists who lack formal training in hair transplantation. They neither receive specialized education nor undergo the necessary training to perform hair transplant surgeries.
In response, Justice Upadhyaya noted that the Medical Council of India has endorsed these guidelines. He emphasized that the Council is a legally constituted body composed of esteemed professionals, and if in their expert opinion, an oral and maxillofacial surgeon possesses the requisite competence to perform hair transplantation, then there is no cause for concern. He acknowledged that these professionals possess specialized knowledge and expertise in their respective fields and it would be inappropriate for the Court to comment on or question their judgment. Nevertheless, the adjudicators considered it appropriate to include NDCI as a party to the appeal and consequently postponed the hearing until September 19.
The PIL said: “It has come to attention that certain Dental Practitioners, who are qualified as Oral and Maxillofacial Surgeons, have been engaging in the practice of hair transplantation and dermatology. This has raised concerns among our association members, as well as the general public. These Dental Practitioners are allegedly advertising themselves as Dermatology and Hair Transplant Surgeons, which is misleading and deceptive to the public. The procedure of Hair Transplant and Dermatology is a very meticulous one which can only be administered by a specialist who has gone through specific training. Any ignorance to the procedure or lack of knowledge could prove fatal and lead to facial injuries of the patient.”
The petition also referred to the Supreme Court ruling in Poonam Verma vs Ashwin Patel that “any person who does not know any particular system of medicine, but then also practices in that concerned system then he will be held guilty of medical negligence.”
With the proliferation of social media platforms, the reach of unqualified dental practitioners posing as dermatologists or hair transplant surgeons has expanded significantly, negatively impacting the professions of dermatologists and hair transplant surgeons. The absence of effective controls on illegal advertisements exacerbates this issue, the petition highlighted.
“The petitioner is a registered organization of registered medical practitioners and off lately has been receiving several complaints and has also been observing by themselves regarding several illegal advertisements on social media platforms and in person at several locations. These advertisements in turn lure general public towards the unqualified dermatologists and hair transplant surgeons which would in turn pose a threat to the life of such innocent persons as they could suffer severe facial injuries due to the lack of knowledge and training. There were also several complaints made to the government authorities, Indian Dental Council and health officers to take appropriate actions. However, this led to mere suspension of such unqualified practitioners and did not amount to the authorities taking any action which would prevent such transgression,” the plea stated.
The petitioner requested that the relevant authorities rescind the December 6, 2022 guidelines. The request also sought disciplinary action against dental professionals who advertise hair transplant services. The petition also sought a ban on such advertisements by dental professionals and the establishment of a committee to ensure that dental professionals do not perform these procedures.
—By Adarsh Kumar and India Legal Bureau