While denying custody to Ariha’s parents or the Indian Welfare Services, the court relied on two injuries that she had suffered — a head and back injury in April 2021 and a genital injury in September 2021
A district court in Pankow, Germany, has in two judgments dated June 13 denied the custody of Ariha Shah — the 28-month-old — to her biological parents and handed her over to Jugendamt, the German youth services.
Rejecting the application of Dhara and Bhavesh Shah to return the child to them directly or at least hand her over to a third party, the Indian Welfare Services, the court awarded Ariha’s custody to Jugendamt and ruled that “the parents are no longer authorised to decide on the whereabouts of their child”.
On June 3, Ministry of External Affairs spokesperson Arindam Bagchi urged the 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”. Earlier in June, 59 MPs from 19 political parties, including the BJP, Congress, the Left and the Trinamool Congress, had written a joint letter to German Ambassador to India Philipp Ackermann and asked him to do everything possible to ensure that Ariha was repatriated to India at the earliest.
With the Central Youth Welfare Office of Berlin being appointed Ariha’s provisional guardian by the court, it said the authority shall decide on her whereabouts. The parents had initially sought Ariha’s custody but had withdrawn the request. They had then requested that the child be given to the Indian Welfare Services and to restore parental custody in full, with the understanding that she would be moved to the foster home run by Ashok Jain in Ahmedabad. The parents also planned to move back to India with her.