HC: ‘Doctor’ title cannot be used before a name without an MBBS or BDS degree

HC Prohibits Use of ‘Doctor’ Title Without MBBS or BDS Degree

The High Court (HC) on Wednesday ruled that individuals cannot use the title ‘Doctor’ before their names unless they hold a Bachelor of Medicine, Bachelor of Surgery (MBBS), or Bachelor of Dental Surgery (BDS) degree.

The ruling was issued by the HC bench comprising Justice Razik-Al-Jalil and Justice Shathika Hossain following hearings on two separate writ petitions.

However, the court stated that no action would be taken against individuals who had previously used the ‘Doctor’ title without the required qualifications. Moving forward, legal action will be taken against those found violating the order.

The Bangladesh government introduced the Bangladesh Medical and Dental Council Act in 2010. In 2013, Shamsul Huda, then convener of the Bangladesh Diploma Association, along with others, filed a writ petition challenging the alleged discriminatory application of the law against DMF degree holders (registered as diploma holders).

In 2023, the president and secretary of the Bangladesh Diploma Medical Association filed another writ petition contesting Section 29 of the Act.

According to Section 29 (1), no medical or dental practitioner registered under the Act may use a title, designation, or emblem in a way that falsely suggests additional professional qualifications unless those qualifications are officially recognized.

Only MBBS and BDS degree holders are permitted to use ‘Dr’ before their names. As per Section 29 (2), violating this provision is a punishable offense, carrying a penalty of up to three years’ imprisonment, a fine of Tk 100,000, or both. If the offense continues, additional fines of at least Tk 50,000 may be imposed for each recurrence.

On November 25, 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 represented the state. Advocate Kazi Ershadul Alam stood for the Bangladesh Medical and Dental Council.