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This is an archive article published on June 22, 2023

On Ariha Shah case, Jain community members accuse courts in Germany of ‘systemic bias’

Ariha Shah was taken into the custody of the German Youth Service in September 2021.

On Ariha Shah case, Jain community members accuse courts in Germany of ‘systematic bias’The parents had initially sought Ariha’s custody but had withdrawn the request. (Twitter/@@Ariha_Mother)
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On Ariha Shah case, Jain community members accuse courts in Germany of ‘systemic bias’
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Accusing German courts of “systemic bias” after a local court in Berlin recently denied an Indian couple the custody of their 28-month-old child, the Jain community on Wednesday expressed concern about the child being deprived of her identity.

Ariha Shah was taken into the custody of the German Youth Service in September 2021. On June 13, a court awarded her custody to the youth services, ruling that the “parents are no longer authorised to decide on the whereabouts of their child”.

The court cited two injuries that she had suffered — a head and back injury in April 2021 and a genital injury in September 2021

At a press briefing in Delhi, the members of the Jain community — in the presence of her mother Dhara Shah — on Wednesday sought Ariha’s repatriation.

The members further expressed concern as they claimed that Ariha, being a Jain, who is supposed to practice Ahimsa (non-violence), including in food habits, was being fed eggs and sushi. She was not being taught “anything about the Jain religion”, they alleged, adding there was a suspicion that German motives are driven by an “underlying desire” to “Germanise” the child.

The community added the “failure to protect her cultural, religious, social, and linguistic rights not only harms Ariha but also deeply wounds the religious sentiments of the entire Jain community.”

Reiterating that Ariha’s Indian nationality is “an essential aspect that must be considered in determining her foster care placement,” and that as an Indian citizen, “it is her inherent right to be raised in her own country, where her cultural identity and socio-cultural rights can be protected,” the community in its statement also offered to “assume full responsibility for her care and provide her with a nurturing environment” to foster her.

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