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HC Rules Only MBBS, BDS Holders Can Use 'Doctor' Title
In a significant ruling on Wednesday, the High Court directed that the title 'Doctor' cannot be used by individuals unless they possess the recognized academic qualifications of a Bachelor of Medicine, Bachelor of Surgery (MBBS) or Bachelor of Dental Surgery (BDS).
The verdict was passed by a bench of Justice Razik-Al-Jalil and Justice Shathika Hossain following the hearing of two separate writ petitions. The court clarified that no action would be taken against individuals who have previously used the 'Doctor' title without these qualifications, provided they cease such usage going forward.
However, the court emphasized that legal action will be initiated against those found in violation of this order in the future.
The case draws its roots from the Bangladesh Medical and Dental Council Act, introduced by the government in 2010, which regulates medical and dental professions in the country. The Act clearly stipulates that only those holding an MBBS or BDS degree are authorized to use the title of ‘Doctor’. Section 29 of the Act outlines that any medical or dental practitioner who misrepresents their qualifications could face serious consequences.
In 2013, Shamsul Huda, the then convener of the Bangladesh Diploma Association, along with other members, filed a writ petition arguing that diploma holders in the medical field were being discriminated against under the Act. Last year, further legal challenges were brought against Section 29 by the president and secretary of the Bangladesh Diploma Medical Association, questioning its constitutionality.
The court's ruling reiterates the provisions of Section 29 (1) of the Bangladesh Medical and Dental Council Act, which prohibits anyone from using any title or emblem suggesting they possess additional qualifications unless they hold a recognized medical or dental degree.
According to Section 29 (2) of the Act, individuals found guilty of misusing the ‘Doctor’ title face penalties, including a fine of up to Tk 1 lakh, a three-year prison sentence, or both. Repeat offenders may face additional fines, which can escalate to no less than Tk 50,000 for each subsequent violation.
On November 25, 2024, the High Court issued a rule asking the government to explain why Section 29 should not be declared unconstitutional.
Advocate Shishir Monir represented the petitioner, while Attorney General Md Asaduzzaman and Deputy Attorney General AFM Saiful Karim represented the state. Advocate Kazi Ershadul Alam appeared on behalf of the Bangladesh Medical and Dental Council.