In a recent ruling that has dealt a setback to the Indian parents of Ariha Shah, Berlin’s Pankow local court has granted custody of the baby to the German state. The court dismissed the parents’ contention that the injury sustained by their child was accidental, stating that the “best interests of the child are at risk.”
The case revolves around Bhavesh Shah and Dhara Shah, a couple from Mumbai who traveled to Germany in 2018 for work. During their stay, they welcomed a baby girl named Ariha. However, a concerning incident occurred when Ariha accidentally fell and sustained an injury in her private area while playing.
The child was immediately taken to a local hospital, where medical attention was provided. However, upon examining Ariha’s injuries, suspicions of potential sexual assault arose. The parents claimed that Ariha was accidentally hurt by her grandmother. Nevertheless, the German authorities took the baby into custody on September 23, 2021, when she was seven months old, placing her under the care of Germany’s Youth Welfare Office (Jugendamt) and subsequently in foster care.
The recent verdict by the Pankow local court rejected the parents’ application to regain custody of Ariha or hand her over to a third party, namely the Indian Welfare Services. Instead, the court ruled that Jugendamt would retain custody and that the parents were no longer authorized to decide on the whereabouts of their child.
The decision has caused distress among the parents, who had been urging Germany to send Ariha back to India, emphasizing her Indian nationality and the importance of her social, cultural, and linguistic rights. The Indian Ministry of External Affairs, led by spokesperson Arindam Bagchi, expressed deep concern over Ariha’s continued stay in German foster care and called for her prompt return to India.
Maharashtra Chief Minister Eknath Shinde also wrote to External Affairs Minister S Jaishankar, seeking assistance in bringing Ariha back home. The parents, in a statement, expressed their faith in the Indian government and conveyed confidence in Prime Minister Narendra Modi and Jaishankar’s efforts to reunite them with their daughter.
The case has garnered significant attention, highlighting the complexities involved in cross-border custody disputes and raising questions about child protection and the legal framework governing such situations. The decision of the Berlin court has further fueled the ongoing debate over Ariha’s future and the rights of her parents.
As the legal battle continues, the fate of Ariha Shah remains uncertain. The hopes and prayers of her parents and the Indian government remain steadfastly focused on securing her return to her home country, where they believe she belongs. The case serves as a stark reminder of the challenges faced by families navigating international legal systems while striving to protect the well-being and best interests of their children.
Sources By Agencies
