With the German Chancellor set to make his first official visit to India later this month, the long-running case of baby Ariha Shah has once again come into sharp focus. CPI(M) Rajya Sabha MP John Brittas has written to External Affairs Minister S. Jaishankar, urging the government to raise the issue of Ariha’s repatriation with German authorities at the highest diplomatic level during Chancellor Friedrich Merz’s visit to India on January 12 and 13.

Ariha Shah, an Indian passport holder, has remained in foster care in Germany for more than four and a half years, ever since she was taken into custody by German Child Services in September 2021. At the time, Ariha was only seven months old. German authorities had intervened following allegations of physical abuse, which subsequently triggered legal proceedings and prolonged state custody.

A prolonged separation

In his letter, Brittas highlighted that Ariha is now nearly five years old and continues to live under German foster care despite significant developments that, according to him, should have paved the way for her return to her parents. He pointed out that the German hospital involved in the case had categorically ruled out any evidence of abuse, while a court-appointed psychologist has reportedly recommended the restoration of parental custody.

Despite these findings, custody has not been returned, leaving Ariha separated from her biological family for most of her young life. Brittas described the situation as deeply unjust and emotionally damaging, particularly given the child’s age and vulnerability.

German authorities initially took custody of Ariha on September 23, 2021, citing concerns over her safety. What was expected to be a temporary protective measure has since evolved into a prolonged legal and administrative process, with the child moving through multiple foster placements.

A diplomatic opportunity

Brittas stressed that the upcoming visit of Chancellor Merz offers a rare and timely diplomatic opening to address the issue. He argued that high-level political engagement is essential to resolving a case that has lingered for years despite medical and psychological assessments favourable to the parents.

“The visit of the German Chancellor presents a meaningful opportunity for constructive engagement on issues of mutual concern,” Brittas wrote, adding that these concerns include the protection of the rights of minor children, respect for family unity, and adherence to international conventions governing child welfare.

According to the CPI(M) MP, this is not merely a consular matter but one that touches upon fundamental principles of international law and humanitarian responsibility.

International law and child rights

Central to Brittas’s argument is the United Nations Convention on the Rights of the Child (UNCRC), to which both India and Germany are signatories. He asserted that Ariha’s continued separation from her family violates her rights under international law, particularly provisions related to family unity, cultural identity, and kinship care.

“As a passport-holding Indian citizen, she is entitled to kinship care and the preservation of her identity, language, and religion,” Brittas wrote. He contended that these rights are being systematically denied under the current arrangement.

The MP argued that Ariha’s placement in German foster care has resulted in her being “totally alienated” from her cultural and religious heritage. He described this as a serious infringement of her rights as a child and as an Indian citizen.

Cultural and religious concerns

Among the concerns raised in the letter is Ariha’s religious upbringing. Brittas noted that Ariha belongs to a Jain family, a community known for strict adherence to vegetarianism as a core religious principle. He described it as “particularly outrageous” that the child is reportedly being fed a non-vegetarian diet in foster care, despite repeated requests from her family that her dietary practices be respected.

For the MP, this issue symbolises a broader disregard for the child’s cultural and religious identity. He argued that respecting such aspects of a child’s background is not optional but a key requirement under international child welfare norms, especially when the child belongs to a different cultural context than that of the host country.

Emotional toll and instability

Brittas also drew attention to Ariha’s emotional and psychological well-being. According to him, the child’s foster placement has been changed five times since she was taken into custody, depriving her of a stable and consistent caregiving environment.

Such repeated changes, he warned, can have lasting effects on a child’s emotional development. Stability and continuity of care are widely recognised as critical for a child’s sense of security, particularly in early childhood.

At present, Brittas noted, the only consistent emotional support in Ariha’s life comes from bi-monthly visits by her parents. Even this limited contact is now under threat due to visa constraints faced by the parents in Germany. If these visits are curtailed, he warned, the child could be left with virtually no sustained connection to her biological family.

Growing concern in India

The case of baby Ariha has been raised repeatedly by Indian lawmakers across party lines in recent years. Brittas pointed out that several Members of Parliament have taken up the issue, reflecting what he described as broad national concern over the humanitarian dimensions of the case.

Public attention has also grown, with many in India questioning why a child cleared of abuse allegations continues to remain in foreign state custody, particularly when her parents are seeking her return and medical and psychological opinions appear to support reunification.

For critics of the German authorities’ handling of the case, Ariha’s situation exemplifies a rigid application of child protection systems that fail to adequately account for cultural differences and evolving evidence.

Call for decisive action

In his concluding appeal, Brittas urged External Affairs Minister Jaishankar to take up the matter decisively during bilateral engagements with the German leadership. He emphasised that the Chancellor’s visit is a critical moment to seek a humane and lawful resolution in the best interests of the child.

He argued that sustained diplomatic pressure, combined with a clear articulation of India’s position on child rights and family unity, could help bring the case to a long-overdue conclusion.

For now, Ariha Shah remains in foster care in Germany, far from her parents and her cultural roots. As India prepares to host the German Chancellor, the spotlight is once again on whether diplomacy can succeed where years of legal proceedings and appeals have failed, and whether the case of one child can finally be resolved through political will and international cooperation.