On Wednesday, the High Court ruled that no individual may use the title ‘Doctor’ before their name without holding a Bachelor of Medicine, Bachelor of Surgery (MBBS) or Bachelor of Dental Surgery (BDS) degree.
The bench comprising Justice Razik-Al-Jalil and Justice Shathika Hossain issued the directive following hearings on two separate writ petitions.
In its ruling, the High Court stated that no punitive measures would be taken against those who have previously used the ‘Doctor’ title without the requisite degree. However, the court instructed authorities to pursue legal action against anyone found to be using the title in violation of the order going forward.
The Bangladesh Medical and Dental Council Act was enacted by the government in 2010. In 2013, Shamsul Huda, the then convener of the Bangladesh Diploma Association, along with others, filed a writ petition alleging discriminatory enforcement of the law against Diploma in Medical Faculty (DMF) degree holders.
Last year, the president and secretary of the Bangladesh Diploma Medical Association submitted another writ challenging section 29 of the Act.
Section 29 (1) of the Act stipulates that no medical or dental practitioner registered under this legislation may use or display any title, designation, or symbol that could mislead others into believing they possess additional professional qualifications unless these qualifications are recognised by the Bangladesh Medical and Dental Council.
Under section 29 (2), breaching this provision constitutes a criminal offence, punishable by up to three years’ imprisonment, a fine of Tk 1 lakh, or both. Continued violations attract an additional fine of no less than Tk 50,000 for each recurrence.
On 25 November 2024, the High Court issued a rule asking the government to explain why section 29 of the Bangladesh Medical and Dental Council Act should not be declared unconstitutional.
Advocate Shishir Monir represented the petitioner, while Attorney General Md Asaduzzaman and Deputy Attorney General AFM Saiful Karim appeared on behalf of the state. Advocate Kazi Ershadul Alam represented the Bangladesh Medical and Dental Council.
