Delhi High Court orders implementation of ‘minimum standards for hair transplantation centres’ to prevent medical malpractice

The Delhi High Court has directed the Ministry of Health and Family Welfare, Government of India, to take necessary steps for the implementation of the Minimum Standards for Hair Transplantation Centres, as finalised by the National Council for Clinical Establishments. The move follows a case where negligence in hair transplantation procedures led to the tragic death of a 35-year-old man, Athar Rasheed, who succumbed to complications from treatment carried out by unqualified professionals at United Hair Studio in Delhi.

The Court had previously addressed the issue in its order dated May 11, 2022, stressing the importance of framing clear guidelines for hair transplantation to prevent such incidents in the future. In the order, the Court remarked, “Considering the facts and circumstances, it is imperative that necessary steps are taken by the Ministry of Health and Family Welfare, Government of India as well as Govt. of NCT of Delhi to ensure that such mushrooming Salons carrying hair transplantation procedures under unprofessional hands without requisite qualification and in absence of medical supervision, are checked.”

Further, the Court highlighted the necessity of safeguarding public health by ensuring that aesthetic surgeries, including hair transplants, are only carried out by qualified professionals under strict medical supervision. The Court also called for public awareness regarding the potential dangers of undergoing such procedures with unqualified individuals.

Since the last hearing, a status report was filed detailing the steps taken by the Ministry of Health and Family Welfare. Notably, the draft “Minimum Standards for Hair Transplantation Centres” were finalized and approved following consultations with the National Council for Clinical Establishments, culminating in a meeting held on May 10, 2024. This approval marks a significant milestone in ensuring uniformity and safety in the hair transplant sector across the country.

The Court has now directed the Ministry of Health and Family Welfare to implement these newly approved standards, and has instructed relevant authorities to ensure that compliance is achieved. It also directed that a compliance report be submitted to the Court within four weeks.

As the case is concluded, the Court expressed its appreciation for the steps taken thus far by the Ministry to address the issue. The directive also includes sending a copy of the order to key government bodies such as the Secretary of the Ministry of Health and Family Welfare, the Secretary of Health, Government of NCT of Delhi, and the Director General of Health Services (DGHS) for further action.