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India raises concerns about baby Ariha's custody with Germany. What is the case about?

Foreign secretary Vikram Misri said that German PM Olaf Scholz has assured that he is "very closely following" the case.

Published on: Oct 25, 2024, 21:36:13 IST
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Prime Minister Narendra Modi on Friday held a bilateral meeting with German chancellor Olaf Scholz in New Delhi.

Dhara Shah , mother of Ariha and family members, hold a protest outside Germany consulate in Mumbai to demand her daughter’s return to India. (HT photo/ Anshuman Poyrekar)
Dhara Shah , mother of Ariha and family members, hold a protest outside Germany consulate in Mumbai to demand her daughter’s return to India. (HT photo/ Anshuman Poyrekar)

During the meeting, the two leaders discussed the case of Ariha Shah, a three-year-old Indian girl who has been in foster care in Germany.

At a briefing, foreign secretary Vikram Misri said that Scholz has assured that he is "very closely following" the issue.

"The case has been followed very, very closely by us.... Our embassy in Berlin has taken it up. When the external affairs minister was in Germany a few weeks ago, he had raised it very strongly with his counterpart," Misri was quoted as saying by PTI.

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"Yes, I can confirm that it was raised during the meeting today as well. We have at all levels impressed upon the German side that an Indian child growing up in an environment that is not hers -- cultural, religious, linguistic environment -- is somewhat unnatural and that this situation needs to be addressed," he added.

Who is Ariha Shah and what is the case about?

Bhavesh Shah, a software engineer from Gujarat, had moved to Berlin with his wife, Dhara Shah, in 2018. In 2021, the couple welcomed a baby, whom they named Ariha.

According to the family, when Ariha was seven months old, she sustained an accidental injury around her private area.

When Ariha was taken to the hospital, they alerted German authorities, who suspected the case to be a case of sexual assault.

The bay was placed in the custody of Germany’s Jugendamt or Youth Welfare Office. Her parents were only allowed to visit once every fortnight.

Also Read | ‘Given us hope’: Ariha's mother after MEA's statement on bringing her to India

Upon the family's request for intervention, the Indian government has continuously discussed the matter with German authorities. The baby's continued presence in foster care has become an irritant in bilateral relations.

Subsequently, German authorities dropped the assault charges, but they still held her parents accountable for negligence. The cases against the parents were dropped in February 2022 and no formal charges were filed.

However, Ariha was still not returned to her parents, and a civil custody case was filed by Jugendamt to terminate parental rights as it sought Ariha's custody.

India has pressed Germany on the early return of the baby, saying it is important for the child to be in her linguistic, religious, cultural and social environment.

In December last year, foreign minister S Jaishankar said India has concerns that baby Ariha should be in her linguistic, religious, cultural and social environment. "Our embassy is pursuing this with German authorities. It was a subject which I brought up with the Minister," the EAM said.

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