Delhi High Court seeks report about illegal hair salons after death of 35-year-old from hair transplant

The Delhi High Court recently expressed concerns over untrained hands and technicians conducting hair transplant and aesthetic surgeries in hair salons in the national capital [Azhar Rasheed v State of NCT of Delhi and Ors]..Justice Anoop Kumar Mendiratta observed that such salons are mushrooming across the city and self-proclaimed technicians are rendering hair transplant and aesthetic surgeries in the teeth of the medical ethics.The High Court was dealing with a petition seeking investigation into the death of a 35-year-old Athar Rasheed who died of septic shock soon after a hair transplant surgery..The Court said that it is imperative that necessary steps are taken by the Ministry of Health and Family Welfare as well as the Delhi government to ensure that mushrooming of such salons are checked and safeguards are in place to ensure the safety of persons who subject themselves to such procedures.He said that if medical protocols have not been established for the guidance of medical practitioners conducting such aesthetic surgeries and hair transplant procedures, the same needs to be done. “The public at large needs to be made aware that such hair transplantation procedures/aesthetic surgeries can be fatal at the hands of unqualified professionals, which require strict medical supervision. In case any such medical protocols have not been established for guidance of medical practitioners, the same need to be framed at national level, in view of upcoming aesthetic surgeries and hair transplantation procedures,” the Court said.The judge, therefore, directed the Central and Delhi governments, Delhi Police Commissioner, National Medical Commission and Delhi Medical Council to take necessary steps to deal with the problem and file their status reports..In the present case of death of Rasheed, a man named Shivam Verma was arrested and he disclosed that he along with one Harish Sharma and others were running United Hair Studio and had charged Rasheed ₹30,000 for the surgery.None of them had a certificate of clearance for hair transplant..The Court said that the present case was not merely one of dereliction or negligence or standard of care required in medical procedures but was in fact a case complete medical malpractice, as the hair transplantation was not carried under medical supervision of trained and qualified professionals.“It appears that in the present case, neither there was informed consent of the deceased, nor the risk involved in the hair transplantation was disclosed to the deceased, which resulted in acute complications finally resulting in the death of the deceased. The case also highlights the issues of medical negligence as well as medical malpractice which continues for want of any check of such Salons by the competent authorities,” the Court stated. Criminal liability in such circumstances is writ large and is much more than gross negligence or recklessness. Even if it is assumed that patient autonomy is to be accepted, most of the patients are still unaware that the process needs to be carried by the qualified professionals, the judge said..The Court will now consider the matter on July 27..Advocate RD Rana appeared for the petitioner.ASC RS Kundu along with advocates Pooja, Mukul and Nitij appeared for the State. .[Read Order]