“Struggle” is a very tricky word. Some feel that not being able to buy a lavish house or the latest phone is a struggle, while many in our country struggle to have something on their children’s plates for dinner. There are numerous ‘netas’ and ‘karyakartas’ fighting for petty things on daily basis, abusing each other and finding their on-screen space. But an Indian couple is putting in all their energy to win the custody battle of their child from the German Government for the last 2 years now and are still waiting to get justice. Bhavesh Shah a software engineer living with his wife Dhara Shah in Berlin, are the parents of Ariha Shah who now lives in foster care provided by child welfare in Germany for close to 2 years.
On 16 September 2021, 7 ½ months old Ariha was with her grandmother at home in Germany while her parents were out. Dadi noticed some blood on Ariha’s diaper. While checking, the grandmother’s finger hurt further and she got an injury. The parents noticed when they returned home and took her to the hospital. The doctors suggested that stitches would be required as there was a genital injury and started the treatment. The parents were happy that the treatment was happening and that the doctors confirmed there was nothing to worry about. The real turmoil started after the treatment was over and the baby was supposed to be discharged. The hospital refused to return the baby to the parents and gave away the baby to Child Welfare Services. The parents were accused of sexual abuse towards the child and baby Ariha was taken away from her parents. The mother was not allowed to breastfeed the baby and the authorities refused to accept her pumped breast milk which is a basic need of a baby.
The parents gave their DNA immediately to eliminate their suspicion of sexual abuse. Later it was confirmed that there was no sexual abuse. Mother Dhara Shah had to go for various psychological assessments to prove that she is mentally fit to take care of a child and perform the duties of a mother. She passed all of it. All charges against the parents are dropped. But the child is still in the custody of the Child Welfare Services of Germany. Earlier the parents could visit the child once a week for one hour and now they are given twice-a-week visitation, but no custody. We see Dhara Shah and Bhavesh Shah weeping for help on social media and news channels. They are begging the Indian government and our Honourable PM Modi Ji.
Ariha will complete two years in foster care in August this year. She only speaks German and is unaware of her Indian identity, her Jain roots and her culture. She is taught a different culture, fed food that does not agree with her religion and is kept away from the family atmosphere that’s required for a child in their formative growing years. According to the German Principle of Continuity, if a child is in foster care for two years the child may not be returned to the parents he/she will be unable to cope with the culture shock. This is exactly the fear of Ariha’s parents and they also doubt the delays caused in their local case and return of their baby to reach a point of application of this principle. Ariha needs to be back to her parents, her country and her nation. It’s her right.
Today India is recognised on international platforms and applauded. Modi ji has uplifted the image of India to a level where we are considered a nation with the brightest future. Our current G20 participation has made our position crystal clear. “Beti Bachao, Beti Padhao” was a campaign launched by the Government and it’s high time the Government uses all their power to let the Indian citizens know that Beti Bachao is not just a statement, but a real feeling of our nation. With the great standing that Modi ji carries at the international level, it should not be difficult for the Shah family to get their “Beti” back. As citizens of this country, we should all appeal to our PM in whatever way to help Ariha come back to India before August. Tweet, write an email, and spread the word as much to get Ariha heard. Let us target August so that she does not fall under the continuity principle. Let us contribute and help Dhara and Bhavesh. See you soon Ariha!
