Dermatologists Move Bombay High Court Seeking Action Against Dentists Performing Aesthetic And Hair Transplant Surgeries

A Public Interest Litigation (PIL) petition has been filed in the Bombay High Court seeking action against the Oral and Maxillofacial Surgeons, who are continuing to perform the Aesthetic and Hair Transplant surgery despite not being 'qualified' for the same.

The petitioners - Dynamic Dermatologist and Hair Transplant Association moved a PIL petition challenging the guidelines issued by the Dental Council of India (DCI) on December 6, 2022, permitting the Oral and Maxillofacial Surgeons who are basically Dental Practitioners, across the country to practice Aesthetic and Hair Transplant surgery.

The PIL came up for hearing before a division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar, who have sought some clarifications on whether the National Dental Commission of India  (NDCI) is in place as provided under the newly introduced National Dental Commission Act, 2023. The bench indicated that it will implead the NDCI as a respondent to the instant petition.

During the hearing, advocate Shrikrishna Ganbavale, informed the bench that Dental Practitioners have been performing hair transplant surgeries. In accordance to the guidelines. "These surgeons are basically dentists, who don't study hair transplants...They do not study or are not trained to perform hair transplant surgeries, thus the petitioner association has filed this PIL," the counsel submitted.

At this, Chief Justice Upadhyaya, however, pointed out that the Medical Council of India has also approved the guidelines. "The Medical Council of India is a statutory body comprising of professionals. If in their view an oral and maxillofacial surgeon is competent to do hair transplant then what's the issue? They are experts. We cannot comment on this. They know better than us," the Chief Justice remarked. 

However, the judges deemed it fit to make the NDCI a party to the petition and therefore adjourned the hearing till September 19.

Notably, the Petitioners being an association of Dermatologists and Hair Transplant Surgeons, have in their petition, claimed to have been receiving several complaints from their fellow surgeons as well as the public at large regarding the hair transplant and dermatology practice being conducted by Dental Practitioners who are qualified as Oral and Maxillofacial Surgeons. Furthermore, such Dental Practitioners are also advertising themselves as Dermatology and Hair Transplant Surgeons which is further luring the general public towards such unqualified practitioner with tricky, misleading ambiguous advertisements.

"The procedure of Hair Transplant and Dermatology is a very meticulous one which can only be administered by a specialist & who has gone through the specific training. Any ignorance to the procedure or lack of knowledge could prove fatal and lead to facial injuries of the patient. It is relevant to mention that the Supreme Court in Poonam Verma vs Ashwin Patel held 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'," the petition states.

With the rise of social media platforms, the outreach of such Dental Practitioners who are unqualified as Dermatologists or Hair Transplant Surgeons has become far and wide and has adversely affected the professions of Dermatologists and Hair Transplant surgeons, as there is no check on the illegal advertisements, the plea highlights.

"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, 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 therefore has sought a direction to the concerned authorities to withdraw the December 6, 2022 guidelines The plea also seeks action against dental practitioners, who are putting up advertisements for performing hair transplants. Among several other prayers, the petition also seeks a ban on such advertisements by dental practitioners and also seek constitution of a committee to oversee the fact that dental practitioners do not perform such surgeries.