Ariha Shah case: German court rejects custody pleas of Indian parents, says 'risk to child's best interests'

A court in Berlin's Pankow has reportedly denied the custody of Ariha Shah, a 28-month-old Indian girl, to her biological parents and handed her over to Germany's Youth Welfare Office (Jugendamt). Ariha Shah has been in the custody of the Jugendamt since September 2021, when she was just seven months old.

The local court on Friday granted baby Ariha's custody to the German state while dismissing the parents' contention that the injury sustained by their child was "accidental", India Today reported. While justifying its verdict, the court emphasised that the "best interests of the child are at risk".

The report further mentioned that Ariha's parents expressed their faith in the Indian government and said they have confidence that Prime Minister Narendra Modi and Minister of External Affairs Dr Jaishankar will work towards bringing Ariha back to India.

"From today, we hand over Ariha to 140 crore Bhartiyas," they said, as per the report.

The German authorities had taken custody of Ariha Shah in September 2021, alleging that the parents, Dhara and Bhavesh Shah, harassed her. The case drew the attention of the Ministry of External Affairs, which has been involved in it since 2022.

Earlier this month, India urged Germany to send back Ariha at the earliest-- who has been living in foster care in Berlin for over 20 months -- asserting it is important for the child to be in her linguistic, religious, cultural and social environment, a PTI report said.

External Affairs Ministry spokesperson Arindam Bagchi said Ariha's continued stay 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.

The case has also garnered significant public attention in India, with 59 Members of Parliament from 19 political parties signing a joint letter to Philipp Ackerman, the German ambassador in New Delhi.

(With inputs from India Today, Geeta Mohan)

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