More than a year after German authorities separated an Indian toddler from her parents, India continues to make efforts to reunite the family. Now, Fifty-nine MPs from 19 political parties have written to the German ambassador to India in order to seek his intervention in ensuring the return of an Indian baby girl Ariha Shah who was taken away from her parents by the German authorities in September 2021.
German authorities had taken custody of Ariha Shah in September 2021 alleging that she was being harassed by her parents. Since then, the toddler has been living in foster care in Berlin. “The paternal grandmother injured the baby by accident in September 2021. When the parents took her to hospital, they were accused of sexual assault and the baby was removed," contends one Change.org petition. Earlier reports quoting the parents also indicated that the case was eventually closed without charges, however, the daughter has not been returned to the parents yet.
In a letter, the 19 parliamentarians wrote, “We do not cast aspersions on any agency in your country and assume that whatever was done was thought to be in the best interests of the baby. We respect the legal procedures in your country, but given that there are no criminal cases pending against any member of the said family, it is more than time to send the baby back home.”
The letter has been endorsed by MPs across difference political parties, they include: Hema Malini (BJP), Adhir Ranjan Chowdhury (Congress), Supriya Sule (NCP), Kanimozhi Karunanidhi (DMK), Mahua Moitra (TMC), Agatha Sangma (NPP), Harsimrat Kaur Badal (SAD), Maneka Gandhi (BJP), Praneet Kaur (Congress), Shashi Tharoor (Congress) and Farooq Abdullah (NC).
In the letter, they said Ariha's parents Dhara and Bhavesh Shah were in Berlin as the baby's father was employed in a company there. The family should have been back in India by now but for some tragic events.
Earlier in February 2022, the police case was closed without any charges against the parents. The hospital too issued a report ruling out sexual abuse, the letter read.
"Despite this the baby was not returned to her parents and the Jugendamt pressed for permanent custody of the child in the German courts. The Jugendamt has held that the Indian parents are incapable of looking after their own baby who will be better off in German foster care.
The case has taken over a year-and-a-half for an evaluation of the parents by a court-appointed psychologist, they said.
They further wrote that shifting her around from one carer to another will cause deep and damaging trauma to the child. “The parents are allowed only fortnightly visits. The videos of these meetings are heart wrenching and they reveal the deep bonds the baby has with her parents and the pain of separation,” they wrote.
"There is another aspect. We have our own cultural norms. The baby belongs to a Jain family who are strict vegetarians. The baby is being brought up in an alien culture, being fed non-vegetarian food. Being here in India, you can better appreciate how unacceptable this is to us," the letter stated.
It also said that "India can well look after her own children".
"We request you to consider how your country would feel if a German baby was forcibly kept with Indian foster care. The Indian government has formally asked the German government for the child's return to a Jain foster family in India under supervision of the Indian child welfare authorities.
"The foster family is willing to accommodate the parents in their home so as to carry out the court psychologist's recommendation for the child to be with the parents under supervision. This is a fair way to resolve the issue, by respecting the German court appointed psychologists recommendation and implementing it under the supervision of Indian authorities, here in India. We are aware of the court proceedings. This solution may be offered to the court by the German authorities without delay," it said.
The two-year-old baby girl mother, Dhara Shah said that she trusts the Government of India adding that if there will be a Prime Minister-level intervention in the case then her daughter can return to India.
While talking to ANI, she said, "Our child has been separated from us for the past 20 months. I trust the Indian government and I request that once there is PM-level intervention in the case then my daughter will return soon."
Earlier on Friday, India also urged Germany to send back at the earliest Ariha Shah, asserting it is important for the child to be in her linguistic, religious, cultural and social environment. External Affairs Ministry spokesperson Arindam Bagchi said Ariha's continued stay in the German foster care and "infringement" of her social, cultural and linguistic rights is of deep concern to the government of India and the parents.
Meanwhile some sources also told news agency ANI that reports defending action of German Youth Agency in the Ariaha Shah case are inaccurate and appear to be an attempt to obfuscate the issue.
"Reports defending the action of German Youth Agency in the Ariaha Shah case are inaccurate and appear to be an attempt to obfuscate the issue. The parents were forced to contact the media as the Agency was unresponsive," a source said as quoted by ANI.
(With inputs from agencies)
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