The court's decision, delivered on Friday, dismisses the parents' claim that the child's injuries were accidental, signaling a contentious legal battle over the child's custody and raising concerns about parental care.
In a significant development, a court in Berlin's Pankow has ruled against granting custody of 27-month-old Ariha Shah to her parents, instead placing her in the care of Germany's Youth Welfare Office (Jugendamt). Ariha has been under the custody of the Jugendamt since September 2021, and the court's decision further solidifies her placement.
The court dismissed the parents' claim that Ariha's injuries were accidental, according to a report by India Today. The report highlighted that the court cited two injuries—an April 2021 head and back injury that occurred during bathing and a September 2021 genital injury—in its decision to deny parental custody. The court concluded that the parents had intentionally caused the serious genital injuries and were unable to provide a consistent explanation of the events.
Despite the court's decision, Ariha's parents expressed their trust in the Indian government, believing that Prime Minister Narendra Modi and Foreign Minister Dr Jaishankar would work towards bringing their child back to India. They stated, "From today, we hand over Ariha to 140 crore Bhartiyas," emphasizing their hope for her repatriation.
German authorities took custody of Ariha Shah, a vibrant and curious young Indian toddler, over a year ago, alleging harassment by her parents. Since then, Ariha has found herself in the unfamiliar territory of foster care in Berlin. Family members and supporters have rallied behind her cause, demanding her repatriation to India. Despite the closure of the case without charges, the Berlin Child Services have filed a civil custody case to terminate parental rights, leaving Ariha's future hanging in the balance.
The continued stay of Ariha in German foster care and the perceived infringement upon her social, cultural, and linguistic rights deeply concern the Indian government and her parents, as stated by MEA spokesperson Arindam Bagchi. They argue that Ariha's nationality and socio-cultural background should be the primary factors considered in determining her foster care arrangement, in accordance with the United Nations Convention on the Rights of the Child.
A joint effort by 59 Members of Parliament from 19 political parties saw a letter sent to German Ambassador Dr Philipp Ackermann, urging Germany to return Ariha to India. The letter emphasized India's ability to care for its own children and advocated for repatriation. Additionally, the Indian government proposed placing Ariha in a Jain foster home in India, under the supervision of Indian child welfare services, as a suitable resolution to the custody battle.
Cultural differences and upbringing have emerged as significant factors in the custody battle. Ariha's parents highlight the challenges they face due to cultural nuances, such as language barriers and divergent views on parenting practices. The parents argue that the German authorities are insensitive to Ariha's cultural and religious identity, including her Jain background and vegetarian diet. They fear that her exposure to an alien culture and non-vegetarian food could erode her connection to her heritage.
The Indian government, through its embassy, has been actively engaging with German authorities to find a resolution. External Affairs Minister S. Jaishankar has raised the issue with his German counterpart, Annalena Baerbock, emphasizing the importance of considering the child's linguistic, religious, cultural, and social environment. The government continues to advocate for Ariha's repatriation to India, where her well-being and cultural rights can be better protected.
The Shah family has initiated an online petition to garner public support for their cause. The petition outlines the details of their ordeal, including the accidental injury, subsequent criminal inquiry, and the civil custody case filed by Berlin Child Services. The family alleges that the lengthy legal proceedings are being deliberately prolonged, potentially exploiting the "continuity principle" to prevent Ariha's return to her parents. They demand her repatriation to India and placement with either the maternal family or a Jain family, under the care of Indian child welfare authorities.