Shefali Jariwala’s tragic death pulls back the glossy curtain on India’s booming beauty industry where botched procedures, legal loopholes, and blind faith in “forever young” collide. When wrinkle-free promises turn deadly, who takes the blame the clinic, the culture, or the law?
By Ritesh Sharma,
Law Consultant & Social Entrepreneur
A SUCCESSFUL COMPANY, A BROKEN SYSTEM
India’s aesthetic medicine and cosmetic market ranks among the world’s fastest-growing and is anticipated to cross the $20 billion level by 2030. Along with this growth came an explosion of Botox, fillers, chemical peels, thread lifts, and tightening of skin—all of which are being marketed as “non-invasive,” quick solutions for normal aging.
But while the business prospers, legal oversight is sadly thin.
The Schedule H drugs like Botulinum Toxin (Botox) are regulated by the Drugs and Cosmetics Act, 1940 and are legally to be administered only by a registered medical practitioner (RMP). They are administered by untrained staff in beauty parlours and spas with impunity, openly defying the law.
The Clinical Establishments (Registration and Regulation) Act, 2010 aimed to bring all clinical establishments, including beauty parlors, under minimum standards of safety and hygiene protocols. So far, however, it has been notified only in 11 states and union territories, leaving substantial portions of India in regulatory darkness.
There is no national licensing system for performing the skills of practitioners who are performing cosmetic treatments. Salon technicians who have done a weekend course are performing injections that can only be performed by plastic surgeons or dermatologists in most of the cases.
INFORMED CONSENT OR COSMETIC ILLUSION
In the landmark case of Samira Kohli v. Dr. Prabha Manchanda (2008), the Supreme Court ruled that informed consent was not a formality but a legal and ethical requirement. The patients must be informed in full about the risks, consequences, and alternatives of any medical procedure.
But in the beauty business, “consent” is just a signature on a shiny brochure—not an educated, willing decision. People are swayed by endorsements from celebrities, influencer marketing, and before-and-after imagery, as the life-threatening hazards are minimized or simply disregarded.
In Shefali’s case, the question quite frankly must be raised: Was she informed of the dangers—or just sold a dream?
THE TWO-TIER COSMETIC REALITY
Shefali’s death also exposes a very grim fault line in India’s healthcare sector. While high-end cosmetic clinics in metros may have higher standards, tier-2 towns and small cities are flooded with unlicensed practitioners of low-cost treatments with no oversight, no sterilization, and no accountability.
To most middle-class women who try to stay “up-to-date” in a youth-obsessed culture, such inexpensive services seem the only option—when cosmetic procedures are not reimbursed by health insurance and inflation renders safer alternatives exorbitantly expensive.
It’s a time bomb waiting to explode. And Shefali was its newest victim.
WHEN THE LAW REMAINS SILENT, JUSTICE IS DENIED
India is not entirely lawless here either. There are remedies in the law—but they are hardly ever pursued and less often successful.
- Section 304A of the Indian Penal Code punishes death due to negligence.
- Sections 337/338 penalize rash or negligent acts resulting in hurt or grievous hurt.
- The Consumer Protection Act, 2019 allows victims or their relatives to sue for compensation.
- The Drugs Controller can act against unauthorised use of Schedule H drugs.
But victims are largely ignorant of their rights. Most are too ashamed or afraid to seek justice, and those who do are treated to delay in the courts, evidentiary hurdles, and stigma.
Briefly, justice exists more on paper than in practice.
What Needs to Be Done — A Legal Roadmap for Reform Shefali’s death does not have to be an isolated tragedy. It must be a clarion call to action—a watershed moment that inspires national introspection and vigorous policy reform.
FOR LEGISLATORS:
- Adopt a single law to regulate the cosmetic and aesthetic medical industry.
- Mandate registration, licensing, and periodic inspections for all aesthetic treatment clinics.
- Restrict non-clinical personnel from performing invasive procedures.
- Implement full disclosure regulations for all cosmetic treatments.
FOR CLINICS AND MEDICAL PROFESSIONALS:
- Adhere to medical ethics and professional expertise strictly.
- Provide customers with accurate, clear, and truthful information.
- Stop deceptive advertising for dangerous treatments.
FOR THE PUBLIC:
- Verify the qualifications of any practitioner of cosmetic treatments.
- Demand written risk statements before any procedure is agreed upon.
- Report illegal clinics and unhygienic procedures to health authorities.
HER DEATH SHOULD STIR THE NATION’S CONSCIENCE
Shefali Jariwala was not just a celebrity. She was a woman struggling with the pressures of society, as so many women do, to be young and present. Her death is not just a failure of medicine but of culture and the system. We need to face the cold hard reality: we’ve made reckless beauty standards acceptable through an unregulated market, weak legislation, and indifferent ethics. Shefali’s tale must be an eye-opener—a wake-up call, first and foremost, to policymakers and practitioners, but to all of us. It’s time to demand accountability, dispel illusions, and prioritize safety over glitzy perfection. Because beauty should never cost a life.