Background

For over 21 months Ariha Shah is separated from her parents, Indian culture and values by Child Services in Berlin. The parents and baby are all Indian citizens. They arrived in Berlin in August 2018 when the father was given a job as a software engineer. They intended to return to India after a few years experience.

The parents found blood in the diaper of their daughter a 7 months old Gujarati Indian citizen, in September 2021 in Germany. The parents took her to her paediatric clinic and after that to a larger hospital to make sure all was well. Doctors at both places, including a paediatric surgeon, which said that she was fine and it was probably hormonal bleeding.

Five days later the parents took her for a follow up check-up to be sure. This time a new doctor checked the baby and said that she has an injury in the external perineal area and reported the parents for abuse to the child protective services of Germany, Jugendamt.

A police investigation was opened into sexual abuse. Parallelly, Jugendamt filed a civil custody case for removal of parental custody in the Family Court.

After a full police investigation, in February 2022, the public prosecutor closed the criminal case without charges. The same hospital which had called the German Child services, gave a report ruling out sexual abuse in December 2021. But Jugendamt did not return Ariha. They persisted in the Family Court case giving the excuse that the parents have to undergo psychological evaluation by a court-appointed expert, only after that will any decision be taken.

The court appointed a psychologist. She met the parents for 4 to 5 times in June/July 2022. It took more than 1 year for the psychologist to give her report.

The parents were forced to undergo the evaluation by the psychologist as well as interrogations by the hospital without a Gujarati translator, which led to some misunderstandings as explained below.The psychologist recommended that Ariha be placed with the parents in a parent-and-child centre in Germany.

The trial took place on two days in February 2023 and March 2023.

The parents have already spent approx. 65,000 Euros, and they have received a bill for the court verdict, which is around 12,000 Euros. Another bill for fostering Ariha, of 10,000 Euros, covering only the period until November 2022 is sent to the parents, while the remaining amount up to the present remains outstanding. The father is retrenched from the company due to the ongoing recession in Germany. The parents have finished all their savings and require help to pay the pending amount; they also want to appeal, so there will be more incur of legal expenses, consulting in several fields and other administrative expenses.

At this time, we remain sensitive to this intense situation and pain of the Shah family, we want to show our support and love to the family.

We continue to ask for your support, prayers, and active involvement to fight together for the reunification/repatriation of Ariha Shah back to her motherland Bharat.

We have created this Milaap fundraiser in the hope to financially helping the Shah family to reach their goal of Ariha's repatriation to her home country India. Every donation, no matter how small, will help to cover the legal expenses required for this fight.

Verdict

The verdict was given by the court on 13th June 2023.

Court gave the custody of Ariha Shah to Jugendamt and also gave the authority to reduce the parents visitations with Ariha.

Discrepancies and Injustice in the Verdict

We wish to bring attention to the numerous glaring discrepancies and violations of justice that have unfolded throughout this harrowing ordeal. The following are key points that demand the world's attention:

In an ongoing and distressing case, the parents of Ariha Shah, a 7-month-old girl, are raising their voice against numerous discrepancies and violations of justice that have marred their quest for truth and fairness. Ariha suffered an accidental injury to her external perineal area in September 2021 in Germany, that have unjustly separated her from her parents and placed her under the custody of Jugendamt, the German child services.

The parents have endured a lengthy legal battle and multiple court proceedings, only to face an unjust verdict delivered on 13th June 2023. Despite providing substantial evidence and expert opinions, the court granted custody of Ariha to Jugendamt, severely limiting the parents' visitation rights. This decision highlights a grave miscarriage of justice and a failure to uphold the best interests of the child.

Throughout this harrowing ordeal, the parents have identified critical discrepancies and violations of justice that demand the world's attention:

• No Fair Trial: The court trial was marked by a severe lack of balance, with the judge affording no time for the parents’ defense and arguments. The judge failed to consider vital evidence related to the injury, rendering the entire judgment focused solely on the injury itself.

• Ignored Expert Opinion: Despite submitting four expert reports, including evaluations from senior gynecologists, a linguistic expert, and a cultural studies expert, the court disregarded these documents and prevented their presentation in court. The experts’ opinions were critical to the parents’ defense and were unjustly dismissed.

• Disregard for Medical Expert Reports: The court overlooked comprehensive reports from medical experts in India and the USA that confirmed the accidental nature of Ariha’s injury. Instead, the court relied on the initial evaluation by German doctors, treating them as neutral experts despite ongoing scrutiny of their assessment.

• Ignored Recommendations: The court-appointed psychologist recommended a custom-fit solution, emphasizing the importance of the parents in Ariha’s well-being and suggesting a parent-child facility. However, the judge ignored these recommendations entirely, demonstrating a failure to prioritize the child’s welfare.

• Inconsistencies in Medical Assessments: The court failed to acknowledge the hospital’s misdiagnosis and subsequent contradictory statements by German doctors, causing confusion regarding the timeline and circumstances of the injury. The parents’ explanations and supporting evidence were disregarded, compromising the fairness of the trial.

• Explanation about the Injury: Expert medical reports clearly indicate that the injury was external and accidental, highlighting the role of the grandmother’s unintentional actions. The parents provided a detailed account of events, but the court dismissed their explanations without proper consideration.

• Unsubstantiated Claims: The court alleged that the parents selectively contributed to the court-appointed expert’s data collection, despite the expert confirming they had received sufficient data to answer the judicial question of proof. This baseless accusation undermines the parents’ credibility.

• Ignored Positive Reports: Reports from social workers appointed by German Child Services (Jugendamt) highlighted the parents' positive interactions with Ariha during visitations, recommending increased visitation time due to the absence of risk to the child. Shockingly, these reports were entirely disregarded in the final verdict.

• Exaggerated Claims: The court made exaggerated claims regarding a head injury suffered by Ariha, which was a minor incident caused by a slip. This incident was unrelated to the initial injury and was promptly addressed by medical professionals, yet it was presented in a misleading manner to strengthen the German Child Service case.

• False Claims and Disregard for Medical Documentation: The court falsely claimed that a back injury was inflicted by the parents, failing to recognize it as a skin allergy with documented consultations with pediatricians. The court ignored medical reports and failed to consider the ongoing occurrence of similar marks in foster care.

• Court's Failure to Address German Child Service's Mistakes in German foster care for 2 years: Parents had explained the court that the cultural rights of Ariha are not been protected in the custody of the German child service, she is neither allowed to learn her language nor her own culture, she is not even allowed to meet the Indian community in Berlin, Germany all this point are ignored by the court and not even mentioned that Ariha rights are been violated in Germany.

Jugendamt's serious mistake of violating Ariha's rights are not even questioned by the court.

It is very much clear that the parents’ fundamental rights have been violated, and Ariha's best interests have been disregarded throughout the legal proceedings. We even fear that the German Child Service might even attempt to change Ariha's citizenship unilaterally, jeopardizing her cultural identity.

The parents have called for an impartial review of the evidence and an urgent repatriation of Ariha to her home country, India. They urge the Indian government to take swift and decisive action in advocating for the return of Ariha and securing justice for her and her family.


An urgent need for Repatriation
 
Ariha, born to a Jain family, is supposed to practice Ahimsa, with food being a critical aspect which are her rights according to the rights of the child. Instead, she's being fed eggs and non-vegetarian food, such as sushi, which is against her religious beliefs.

Ariha is not allowed to learn her mother tongue Gujarati, Indian national language Hindi or universally spoken language English. Serious act of making a child German.

Ariha is not allowed to visit temples, play with Indian children or participate in Indian festivals and events.
Ariha’s fundamental rights as an Indian citizen are being overlooked as she is not allowed to meet any Indian or Indian embassy officials in Germany. This is akin to her living a life similar to that of a prisoner.

The fostering environment fails to instil in Ariha the moral values that are considered paramount in shaping a child's beliefs, such as compassion for other living beings, which is central to Jainism.

It is evident that Ariha desires to be with her parents. The pain and distress she experiences at the end of each visitation are palpable, yet she is forcefully separated from them.

In the span of two years following are the efforts that Indian community has put to help Jugendamt in preserving the religious, cultural and linguistic rights of Ariha Shah

• A year back Jain Association International, Germany, an association of the Jain community in Germany had written a letter to make them understand about the significance of vegetarian diet for Ariha as she is Jain.

• A year back Jain Association International - Germany, in their second letter have suggested the names of foster families from Jain community in Germany who are ready to foster Ariha and can help German child services in preserving Ariha’s cultural and religious rights.

• Around 10 months back Gujarati Samaj Munich, has also written a letter to Jugendamt explaining how important vegetarian food is for Jains and also extended their support to find potential Jain foster families for Ariha in Germany.

• As a representative of the delegation of Jain Muni Bhagwants, a revered Jain Muni has the raised issue to the German Embassy. Jain Muniji had also extended help in preserving religious and cultural liberty. It was also conveyed that along with Jain and the Indian community in Berlin we are ready to make these arrangements all the help like daily arranging Jain food to Ariha, facilitate her learning of her mother tongue Gujarati, and offer exposure to Indian culture.100+ potential foster families are ready to foster Ariha in India and help her preserve her best interest along with her culture and religion.

We the SaveAriha Team greatly appreciate your involvement.

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