New Delhi: The Ministry of External Affairs (MEA) has called for Germany to return Baby A, a two-year-old toddler and Indian national, after she was separated from her parents by German child protection authorities nearly two years ago.
The case dates back to 2021, when the German authorities took custody of Baby A after she was allegedly accidentally hurt by her grandmother. Although a criminal investigation has since been closed without charges, a custody battle is ongoing between her parents and Berlin Child Services. A verdict from a German court is expected on 15 June, ThePrint has learnt.
While Baby A is currently living with a 62-year-old foster mother, her parents have been given visitation rights.
During a briefing Friday, an MEA spokesperson said the Indian embassy in Berlin has repeatedly asked the German authorities to ensure that Baby A’s connection with her cultural, religious and linguistic background is not compromised. It has also “sought consular access to the child as well as cultural immersion at the Indian Cultural Centre in Berlin”.
“Unfortunately, our requests in this regard for safeguarding Baby A’s national and cultural identity have not been met,” he added, while urging German authorities to return Baby A to India “at the earliest”.
When contacted by ThePrint via text message, Sebastian Fuchs, spokesperson for the German Embassy in New Delhi, said that the embassy did not have a comment at this moment.
Speaking to ThePrint over the telephone Friday, the child’s mother, Dhara Shah, said she, her husband Bhavesh Shah and their lawyer have been in Germany fighting the case and that she temporarily returned to Mumbai, where they are based, 10 days ago.
“My husband and I are also worried about our own visas, which will be expiring soon. This is another request to the German authorities and Indian foreign ministry to please ensure that our visas are extended so we can continue to fight this case,” Dhara told ThePrint.
The parents are also concerned that the child’s cultural and religious identity is being violated as meat has been included in her diet.
On Thursday, Maharashtra Chief Minister Eknath Shinde wrote a letter addressed to External Affairs Minister S. Jaishankar, requesting him to meet the child’s parents.
Apart from Shinde, Rajya Sabha MP John Brittas along with 59 other MPs from 19 political parties Tuesday wrote a letter to German ambassador Philipp Ackermann requesting that Baby A be returned to India.
During Friday’s briefing, the MEA spokesperson said he did not have any updates on a possible meeting between Jaishankar and the parents as the foreign minister is currently travelling abroad.
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What is the case?
The case revolves around an incident from September 2021 where Baby A’s parents took her to the hospital with a perineal injury — an injury in the genital region.
Baby A, who was then seven months old, was removed from parental custody by a child welfare body over allegations of sexual abuse and parental negligence.
According to reports, the child protection agency in 2021 had made the parents sign a German document without giving them access to appropriate translators, before taking the child away.
While the parents have said that the child was accidentally hurt by her grandmother, government sources have said that there were two other injuries, including a head injury.
Speaking to ThePrint, Dhara recalled two instances when Baby A was hurt.
One time, Baby A slipped after her oil massage and struck her head on the counter where her bathtub had been placed, and in another, she was accidentally injured while playing without her diaper, which was left off for a few hours every evening owing to diaper rash, the mother said.
This injury was aggravated by an invasive inspection by the paternal grandmother, she added.
While the hospital initially alleged sexual abuse, this was later ruled out and the criminal investigation against the parents was closed without charges in February 2022.
ThePrint has seen a legal document issued by the Staatsanwaltschaft Berlin (public prosecutor’s office) on 24 February 2022, which says preliminary proceedings against the parents were “discontinued”.
(With inputs from Pia Krishnankutty)
(Edited by Richa Mishra)
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