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    Home / News / World News / Indian couple fights for 3-year-old daughter's custody from German government
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    Indian couple fights for 3-year-old daughter's custody from German government
    An Indian couple is fighting against German authorities for the custody of their three-year-old daughter who was taken away suspecting sexual abuse

    Indian couple fights for 3-year-old daughter's custody from German government

    By Prateek Talukdar
    Mar 10, 2023
    12:49 pm

    What's the story

    An Indian couple is fighting against German authorities for the custody of their three-year-old daughter who was taken away by the country's child protection services in September 2021 after suspecting sexual abuse and later ruling them unfit for parenting.

    The couple, Bhavesh and Dhara Shah, have urged Prime Minister Narendra Modi's intervention to help repatriate their child to India.

    Beginning

    Couple held press conference, will meet leaders to gather support 

    Speaking at a press conference in Mumbai, the toddler's mother, Dhara said that their child, Ariha, suffered an injury to her private parts when she was seven months old. For this, the couple took her to a hospital.

    However, when they returned for a follow-up check, the doctors contacted child protection services because they suspected the injury was caused by sexual assault.

    Information

    Investigation ruled out sexual abuse

    In December 2021, an expert from the same hospital ruled out the possibility of sexual abuse. To clear their name, the couple gave their DNA samples for investigation. Based on the medical report, the police closed the case of sexual abuse in February 2022.

    Details

    New case alleged they were incapable of parenting

    After all this, one would imagine their trouble ending, but it was far from it.

    Following their exoneration from the sexual abuse charges, the child protection services opened a case against them for the termination of custody, claiming that the couple was incapable of taking care of the child.

    They challenged the case in court, which demanded a parental ability report.

    Report

    Bond between child and parents very strong: Report

    The parental ability report arrived a year later, according to the father, during which a psychologist spoke to them for just 12 hours.

    The 150-page report noted that the bond between the child and her parents was very strong.

    However, it recommended that the child be kept in a family home until she is six years old, casting aspersions on the couple's parenting abilities.

    Foster home

    Ariha to be made to choose between parents, foster care

    The report further said that after six years of age, she would be capable of deciding whether to stay with her parents or in foster care.

    Bhavesh said the report reasoned that they don't discipline her enough. They let her eat and play as she pleased.

    It also noted that she had an attachment disorder because she wanted to do things by herself.

    Identity

    Authorities refused to allow her to learn Indian languages

    Furthermore, authorities denied the couple's request to allow Ariha to travel to India, stating she does not speak any Indian languages, which could cause trauma.

    They also forbade volunteers from teaching her Hindi or Gujarati.

    Bhavesh expressed concern that Arifa's Gujarati Jain identity wasn't being preserved as she is in foster care. She is unaware of Indian festivals, food, and culture, he said.

    Appeal

    Went to Germany on work visa, now laid off

    Bhavesh is a software developer, and he arrived in Germany with Dhara in 2018 on a work visa. Arifa was born in Berlin in February 2021.

    Like many others, he was laid off and the couple is laden with Rs. 30-40 lakh in debt.

    "PM Modi, who talks about 'Beti Bachao' needs to help us at this critical time," Dhara appealed.

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