India on Friday urged the German authorities to return Ariha Shah, an Indian toddler who is stranded in foster care in Germany, to her home country where her “socio-cultural rights can be safeguarded”. The Ministry of External Affairs (MEA) and the Embassy of India in Berlin have been persistently advocating for the return of the baby, who was placed in the custody of Germany’s Youth Welfare Office (Jugendamt) on September 23, 2021 when she was 7 months old.
The Government of India’s response came after Maharashtra chief minister Eknath Shinde wrote to the Ministry of External Affairs highlighting their case and help the parents to get Ariha back home.
“Our efforts have been guided by the best interests of the child, which we believe can be fully realised only when she is in her home country where her socio-cultural rights can be safeguarded. Accordingly, we have been requesting Germany to return the child to India. The Embassy has repeatedly requested German authorities to ensure that Ariha’s connection with her cultural, religious and linguistic background is not compromised and sought consular access to the child as well as cultural immersion at the Indian Cultural Centre in Berlin,” the MEA said.
German Foreign Minister Annalena Baerbock, during her visit to India, had also conveyed that the German side was “also bearing in mind the cultural identity of each child that is taken care of by the youth offices in Germany”.
“Unfortunately, our requests in this regard for safeguarding Ariha’s national and cultural identity have not been met. We are dismayed to learn that the child was abruptly shifted away from her current 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,” the MEA said.
“India has a robust child welfare and protection system, and there are potential foster parents in India who are willing to bring up the child in her own socio-cultural milieu. 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,” it added.
Dhara Shah, the mother of Ariha Shah, said she trusts the Indian government and requested PM-level intervention in the case then her daughter will return.
Maha CM Aks EAM Jaishankar to Meet Ariha’s Parents
The letter sent by Shinde to S Jaishankar, a copy of which is with CNN-News18, reads, “Baby Ariha Shah is stranded in foster home in Germany for the last 20 months. Her parents Dhara and Bhavesh Shah belong to Mumbai, Maharashtra, and are fighting relentlessly to bring their baby back in India.”
Ariha’s parents met the CM last week, following which he requested the EAM to “give in-person appointment to the parents to understand their concerns and details of the case.”
This development comes after the parents returned to India to request the Indian authorities to help their case after a hearing was held more than 10 days ago in Germany.
“On the basis of the court order there (Germany), Ariha has now been sent to an orphanage. We don’t really know what kind of people she will have to co-habit in the orphanage. We are worried about her,” said Dhara.
Dhara further said with their German visa expiring in the next two months, if the process is not expedited, they will lose custody of Ariha forever, which is why they are trying to reach out to the Indian government for support.
CNN-News18 had in March exclusively spoken to parents of Ariha when they were trying to reach out to the authorities.
WHAT IS BABY ARIHA’S CASE?
Ariha has lived in a foster care for over a year-and-a-half, and was only seven months old when she was separated from her parents. Ever since, they have been allowed to meet her only once every 15 to 20 days.
The family said the child had a genital injury when they took her to a hospital, which informed the German government, following which she was taken away. The parents further said the German authorities had closed the sexual assault case against them without charges, but did not return their child to them.
Berlin Child Services has filed a civil custody case for the termination of parental rights against them. The parents are fighting a legal battle even as a trial is on in Germany to decide who gets custody of the child.
The parents said there were over 50,000 such children, who had been taken away from their families and lodged in foster care. Many parents from other nationalities were also facing a similar problem, they said, citing the case of a Romanian family that got its seven children back in 2020 after a long legal battle.
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