German Court Denies Indian Baby's Custody To Parents: Reports

A court in Berlin's Pankow has denied the custody of 27-month-old Ariha Shah to her parents and handed her over to Germany's Youth Welfare Office (Jugendamt). Ariha has been in the custody of the Jugendamt since September 2021.

The court granted Ariha's custody to the German state on Friday and dismissed the claim of her parents that the injury sustained by her was "accidental", India Today reported.

The report said Ariha's parents expressed faith in the Indian government and said they are confident that Prime Minister Narendra Modi and Foreign Minister Dr Jaishankar would work towards bringing their child back to India. "From today, we hand over Ariha to 140 crore Bhartiyas," they were quoted as saying. 

An Indian Express report said the child's parents had initially sought her custody but had then requested that she be given to the Indian Welfare Services 

Denying custody to the parents or the Indian Welfare Services, the court pointed to two injuries that Ariha had suffered - a head and back injury in April 2021 that happened while she was being bathed and a genital injury in September 2021, the report stated. 

The report said the court stated parental care was being denied to "avert the existing danger to the child". It said it had come to the conviction "that the mother and/or father (had) intentionally caused the serious genital injuries of the child" and that they were unable to "explain the events in question in a sufficiently consistent manner".

On June 2, MEA spokesperson Arindam Bagchi had 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.

"We would like to reiterate that Ariha Shah is an Indian national and her nationality and socio-cultural background is the most important determinant of where her foster care is to be provided," Mr Bagchi had said. 

59 MPs from 19 political parties had also written to German Ambassador to India Dr Philipp Ackermann the same day, requesting Germany to return Ariha to India, insisting that "India can well look after her own children".