What is Baby Ariha’s Case? Explained In 10 Points

New Delhi: More than a year after German authorities took an Indian toddler from her parents, India is still trying to reunite the family. On Saturday, Foreign Secretary Vinay Kwatra said the Indian embassy is in contact with both the family and German officials to find a solution. In December, External Affairs Minister S. Jaishankar had expressed concerns about the child to his German counterpart.

Who is Ariha Shah and what is the case about?

Bhavesh Shah, a software engineer from Gujarat , and his wife Dhara relocated to Berlin in 2018. In 2021, they welcomed their daughter, Ariha. When Ariha was just seven months old, she suffered an accidental injury in her private area. After the incident, the couple took her to the hospital, where medical staff alerted the authorities, suspecting sexual assault.

As a result, German authorities placed Ariha in the custody of the Jugendamt (Youth Welfare Office), allowing her parents to visit her only once every two weeks. The family requested intervention from the Indian government, which has been in ongoing discussions with German officials regarding the case. The situation has strained bilateral relations, as the baby remains in foster care.

Although German authorities eventually dropped the assault allegations, they held the parents accountable for negligence. In February 2022, the cases against Bhavesh and Dhara were dismissed, and no formal charges were filed. Nevertheless, Ariha was not returned to her parents, leading Jugendamt to file a civil custody case to terminate their parental rights.

India has actively urged Germany to expedite Ariha’s return, emphasizing the importance of her being raised in her linguistic, religious, cultural, and social environment. In December of last year, Foreign Minister S. Jaishankar reiterated these concerns, stating that India’s embassy is actively pursuing the matter with German authorities.

Why Was Baby Ariha Separated from Her Parents?

Ariha Shah was just 7 months old when German authorities took her from her parents and placed her in a foster home. This decision followed allegations of abuse against her parents. She was relocated to the foster home on September 23, 2021.

What Do Ariha’s Parents Say?

Ariha’s mother, Dhara, explains that the incident leading to the separation occurred when her grandmother visited them in Berlin shortly after Ariha's birth. During this visit, an accidental injury was inflicted on the child's outer genital area.

What German authorities suspect?

German authorities expressed concerns regarding potential sexual assault when the child's parents brought her to the hospital for treatment of her injuries. As a precaution, the child was placed in a foster care home, and her parents, Bhavesh Shah and Dhara, were permitted to visit her only once every two weeks.

A case of child sexual abuse was initially filed against the parents; however, the assault charges were later dropped. Despite this, the authorities continued to hold the parents accountable for negligence. 

In 2022, the case against the parents was dropped but the baby was still not returned to them.

Ariha wasn't returned to her parents, even after the case was dismissed

In 2022, the Jugendamt—a local agency in Germany and Austria that focuses on the welfare of children and youth—filed a civil custody case against the parents, seeking to terminate their parental rights for her custody. Since then, the couple has been engaged in a battle for custody of their daughter.

Here are the key developments in Baby Ariha’s case:

1. On September 23, 2021, German authorities took custody of Ariha Shah, claiming that her parents had harassed her. She was placed in foster care in Berlin.

2. Ariha’s paternal grandmother accidentally injured her in September 2021. When the parents took her to the hospital, the doctors suspected abuse, which led to the involvement of German authorities.

3. After the injury, Ariha’s parents, Dhara and Bhavesh Shah, were accused of sexual assault. This accusation led to their daughter being taken away from them.

4. Although the case against the parents was closed in February 2022 without any formal charges, Baby Ariha was not returned to her family. The authorities cited concerns about her safety.

5. The Berlin Child Services, known as Jugendamt, filed a civil custody case seeking to terminate the parental rights of Ariha’s parents. However, no trial date has been set yet.

6. Indian Foreign Secretary Vinay Kwatra stated that the Indian embassy has been in close contact with Ariha’s parents and German authorities. They are trying to find a way to reunite the family.

7. In December 2022, External Affairs Minister S. Jaishankar raised concerns about Ariha’s situation during discussions with his German counterpart, Annalena Baerbock. He expressed the importance of Ariha being in her cultural and linguistic environment.

8. Since her removal, the parents have been allowed to visit Baby Ariha only once every two weeks. This limited access has been a source of pain for the family.

9. Family members and volunteers have organized protests outside the German Embassy in New Delhi. They have also started several petitions to advocate for Ariha’s return to her parents. 

Recently, Dhara Shah, Ariha’s mother, held a protest at Delhi’s Jantar Mantar. She urged German authorities to allow Ariha to celebrate India’s Independence Day on August 15. Dhara emphasized that her daughter should not be deprived of her cultural identity.

10. Indian Foreign Secretary Vikram Misri on Friday said that PM Narendra Modi and German Chancellor Olaf Scholz discussed the case of baby Ariha Shah in Delhi. Addressing the press, Vikram Misri said that India have been following the case of Ariha Shah, who is in Germany under foster care, very closely at various levels.

Baby Ariha Shah was born in Berlin in 2021 to Indian parents who moved to Germany in 2018. The ongoing custody battle has strained relations between India and Germany. 

The situation highlights the complex issues surrounding child welfare and parental rights, especially in international contexts. 

The Indian government continues to advocate for Ariha’s return, stressing the importance of her cultural and emotional well-being.