The High Court has ruled that individuals without an MBBS or BDS degree cannot use the title doctor before their names.
A High Court bench comprising Justice Razik-Al-Jalil and Justice Shathika Hossain delivered the verdict on Wednesday.
The court said that those who had used the doctor title without these degrees until now would not face legal action.
However, from Thursday onward, any violation of this ruling would result in legal consequences as per the law, it added.
The government enacted the Bangladesh Medical and Dental Council Act in December 2010.
Alleging discriminatory application of the law against holders of the DMF (diploma in medical faculty) degree (registered as diploma holders), Shamsul Huda, then convener of the Bangladesh Diploma Medical Association (BDMA), along with others, filed a writ petition in 2013.
Last year, the association’s president and secretary filed another writ challenging the validity of Section 29 of the law.
Following the initial hearing of the first writ, the High Court issued a rule along with an interim order on March 11, 2013.
In the second writ, the High Court issued a rule on November 25, 2024, questioning why Section 29 of the law should not be declared unconstitutional.
A joint hearing was later held on both rules. After the hearing concluded on February 25, the court set a date for the verdict.
Barristers Mohammad Shishir Manir and Mohammad Saddam Hossain represented the petitioners, while lawyer Md Saidur Rahman also appeared for the first writ.
Attorney General Md Asaduzzaman and Deputy Attorney General AFM Saiful Karim represented the state. Lawyer Kazi Ershadul Alam argued on behalf of the Bangladesh Medical and Dental Council.
Section 29(1) of the Bangladesh Medical and Dental Council Act states that no registered medical or dental practitioner shall use or display any name, title, description or symbol in a manner that may lead others to believe they possess additional professional qualifications unless such qualifications are recognized medical or dental education credentials.
Only individuals with a minimum of an MBBS or BDS degree are permitted to use the title doctor before their names, it says.
According to Section 29(2), any person who violates the provisions of subsection (1) commits an offence and shall be subject to imprisonment for up to three years, a fine of up to Tk1 lakh or both.
In the event of continued violation, an additional fine of at least Tk50,000 shall be imposed for each recurrence in addition to the prescribed penalties, it adds.
