E-Paper
‘Send Ariha Shah back’: Delhi messages Berlin on Indian child’s rights
The case of Ariha Shah, taken away by German authorities from her parents at the age of seven months after she suffered an accidental injury, has become an issue in India-Germany relations
NEW DELHI: In a new twist to the case of a two-year-old Indian girl who was placed in the care of German child services in 2021, India on Friday urged Germany to send her back home “at the earliest” since this is her inalienable right as an Indian citizen.
The case of Ariha Shah, taken away by German authorities from her parents Dhara and Bhavesh Shah at the age of seven months after she suffered an accidental injury, has become an issue in bilateral relations and was raised during German foreign minister Annalena Baerbock’s visit to New Delhi last December.
Asked about the matter at a weekly news briefing, external affairs ministry spokesperson Arindam Bagchi said the ministry and the Indian embassy in Berlin have been “persistently advocating for the return of Ariha Shah to India”.
She was placed in the custody of Germany’s Youth Welfare Office or Jugendamt on September 23, 2021, and has been in foster care for more than 20 months.
“We would like to reiterate that Ariha Shah is an Indian national and her nationality and socio-cultural background is the most important determinant of where her foster care is to be provided. We urge German authorities to do all that is necessary to send Ariha to India at the earliest, which is also her inalienable right as an Indian national,” Bagchi said.
“We remain committed to ensuring the return of Ariha Shah to India,” he added.
The issue of the child’s return to India was also raised on Friday by 59 Indian MPs through a letter sent to German ambassador Philipp Ackerman. The members of Lok Sabha and Rajya Sabha from 19 parties urged the envoy to inform German authorities about their deep concern on the issue.
“As members of Parliament, we have a special responsibility for the welfare of our citizens. It is with this understanding that we appeal to you as representative of your country in India to convey to the authorities in Germany our deep concern in this matter. We also request you to do what is necessary in the case to help bring Ariha home,” the MPs said in their letter.
The child was taken away from her parents after her injury led to her hospitalisation. An investigation was also conducted against the parents for “child sexual abuse”, the letter from the MPs said. The police case against the parents was closed in February 2022 without any charges being filed, and a hospital issued a report ruling out sexual abuse.
The MPs noted that despite all these developments, the child was not returned to her parents and the Jugendamt pressed for permanent custody of the child in German courts. The Jugendamt contended the parents were incapable of looking after the child and that she would be better off in German foster care.
India’s efforts, Bagchi pointed out, were guided by the child’s best interests, which “can be fully realised only when she is in her home country where her socio-cultural rights can be safeguarded”. The Indian side has been requesting Germany to return the child to India and has also repeatedly requested German authorities to ensure that “Ariha’s connection with her cultural, religious and linguistic background is not compromised”.
Bagchi noted that Baerbock, during her visit to India, had conveyed that the German side is “bearing in mind the cultural identity of each child that is taken care of by the youth offices in Germany”. He added, “Unfortunately, our requests in this regard for safeguarding Ariha’s national and cultural identity have not been met.”
The MEA highlighted India’s dismay at the child being abruptly shifted from a foster parent to a specialised foster care arrangement. “The manner in which this shift was carried out is a matter of concern. We and the parents believe that this rapid change is not in the child’s best interest and could have far-reaching consequences for her emotional and mental development,” he said.
India has a robust child welfare and protection system and there are potential foster parents in India willing to bring up the child in her own socio-cultural milieu, Bagchi said.
“The German authorities have been made aware of India’s child protection system and the details of potential foster parents have also been shared with them. Ariha’s continued placement in German foster care and infringement of her social, cultural and linguistic rights is of deep concern to the government of India and the parents,” he said.
