Gujarati Jain Immigrant Couple Battles for Minor Daughter’s Custody in Germany

Surat : Dhara Shah and her husband Bhavesh Shah, a Gujarati Jain immigrant couple from Mumbai, Maharashtra, have been fighting for two years to reclaim custody of their young daughter, Ariha Shah, who is presently in the care of the German Child Service System in Germany. Their struggle is strikingly similar to the recently released Bollywood film “Mrs. Chatterjee vs. Norway,” which depicts an Indian mother’s (Rani Mukherjee) battle to recover custody of her children against the Norwegian foster care system and local legal machinery.

In the real-life case of Dhara and Bhavesh Shah, the couple’s battle to regain custody of their daughter, Ariha, has been ongoing since the birth of their child in February 2021 in Berlin. When Ariha was seven months old, she suffered an injury, prompting the couple to seek medical attention. The doctor initially assured them that there was no cause for concern. However, during a subsequent visit, the doctor reported the case to the child protection agency, leading to Ariha’s sudden removal from Dhara Shah’s care.

The German authorities conducted a criminal investigation into suspected sexual abuse by the parents, but in February 2022, the case was closed without any charges. Furthermore, a court-appointed psychologist recommended that Ariha be returned to her parents. Despite these developments, the German child services have yet to reunite the child with her family.

Without notifying her parents or the court, little Ariha was taken to an orphanage in May of this year. If Dhara and Bhavesh Shah don’t win custody of Ariha by July, their visas will expire and they’ll never see daughter again.

“German child services has crossed all the limit and they ignored even our Indian embassy’s request and shifted my Baby in a mental orphanage recently, that too without following Court orders” said Dhara Shah.

Under the United Nations Convention on the Rights of the Child, to which both Germany and India are signatories, Ahira is entitled to kinship care and the preservation of her identity, language, and religion. It is deeply concerning that she is being provided non-vegetarian food despite repeated pleas from her family for a vegetarian diet.

Numerous precedents exist where Indian children deprived of parental custody have been successfully repatriated from countries such as Norway and the USA. In light of this, the Jain community organized a press conference in New Delhi on June 21 to raise awareness about Ariha Shah’s case, decrying the actions of German authorities for violating the child’s human rights, cultural rights, and fundamental rights.

The Shahs have reached out to the Ministry of External Affairs in India through organizations like Jain International Trade Organization, Prasadham, and Sanskar Shakti, seeking assistance in transferring custody of the child to her extended family in India, as has been done in similar cases. Rajya Sabha MP, Dr. John Brittas, has also appealed to Dr. S Jaishankar, urging support for the repatriation of Baby Ariha Shah to India.

Dhara Shah implores the Ministry of External Affairs and the Prime Minister’s Office to initiate diplomatic dialogue with their German counterparts to secure the custody of Baby Ariha. The Jain community worldwide closely monitors this case and continues to advocate for the rights of Baby Ariha Shah, emphasizing the importance of preserving her cultural heritage and ensuring her well-being.

As the legal battle rages on, the fate of Ariha Shah hangs in the balance. The efforts of the Shahs and the support from various organizations and community members highlight the urgent need for a resolution that prioritizes the best interests of the child and respects the rights of her family.