Justice For Ariha: PM Modi Raises Indian Child’s Custody Case With German Chancellor | Explained

The case of Ariha Shah, a three-year-old Indian girl in foster care in Germany, was discussed during a meeting between Prime Minister Narendra Modi and German Chancellor Olaf Scholz on Friday. The foreign secretary, Vikram Misri, confirmed that the German Chancellor assured PM Modi that he is closely monitoring the situation. Ariha has been in foster care for over 36 months due to allegations of minor physical abuse. Her parents, Bhavesh and Dhara Shah, reside in Mira Bhayander, Thane district, Maharashtra .

The Indian embassy in Berlin has been actively pursuing the case, and the external affairs minister strongly raised the issue with his German counterpart during a recent visit. Misri emphasized that an Indian child growing up in an unfamiliar cultural, religious, and linguistic environment is unnatural, and this situation needs to be addressed.

Ariha Was Born In February 2021

Both sides are expected to remain in contact through various channels to resolve the matter. Bhavesh Shah, a native of Gujarat and a software engineer by profession, relocated to Berlin in 2018 along with his wife, Dhara Shah. The couple was blessed with a child in February 2021 whom they named Ariha.

Her parents, concerned about blood in her diaper, took her to a hospital for examination on September 17. During a follow-up visit on September 21, German authorities suspected child abuse and took Ariha into custody. The parents, who voluntarily sought medical treatment for their daughter, argued against the allegations.

In February 2022, the hospital ruled out child abuse, and the public prosecutor closed the case against the parents. However, a court-appointed psychologist recommended placing Ariha in a parent-child facility. The couple lost the custody battle in June, and the court handed over Ariha's custody to Jugendamt, the German youth services, claiming that the baby had suffered physical abuse, including genital, head, and back injuries.

The parents refuted these allegations, stating that Ariha has sensitive skin prone to allergic reactions, which they had consulted doctors from Germany and India about. They also mentioned an incident where Ariha accidentally slipped and got a bump on a tabletop during a massage and bath.

Regarding the alleged genital injury, medical reports from Germany, India, and the US confirmed an accidental external perineal injury, possibly due to Ariha's skin problem and minimal diaper use.

What Is Baby Ariha Case

Ariha Shah (3), has been in foster care in Germany since 2021. The baby was accidentally hurt by her grandmother when she was seven months old, following which the German authorities took her away. Shah's parents later approached the Indian government to address the matter.

The External Affairs Ministry (EAM) has constantly voiced its concern over the issue. Moreover, the German Embassy in New Delhi also acknowledged the case, with Ambassador Philipp Ackermann affirming Germany’s commitment to the well-being of the child. 

What Court Said

The court rejected Dhara and Bhavesh Shah’s request to have the child returned to them directly or, at the very least, given to a third party, the Indian Welfare Services, and instead handed over the child to Jugendamt. It ruled, “The parents are no longer authorised to decide on the whereabouts of their child.”

It maintained that in order to “avert the existing danger to the child,” parental care ought to be refused. It further stated that the parents were unable to “explain the events in question in a sufficiently consistent manner” and it reached the conclusion “that the mother and/or father (had) intentionally caused the serious genital injuries to the child.”