Germany presents itself as the guardian of human rights. However, the child welfare system, the Jugendamt, is facing growing criticism for other reasons. The case of an Indian baby girl who was kept in German foster care even after abuse claims were dropped has shown that there are alarming gaps in a system that equates protection with possession. The rationale put forth follows the well-known idea: “the best interest of the child.” In principle, no one can dispute it.
In reality, this has evolved into a broad protection for governmental overreach. In Germany, the mere suspicion of risk can lead to the removal of a child from her family. Once placed in foster care, parents face the near-impossible task of proving themselves “safe”. For families who have immigrated, already facing the challenges of language barriers and cultural differences, the journey becomes more painful. This is not an isolated grievance. Turkish, Russian, Arab and Indian families have all raised alarms about the Jugendamt’s methods.
The European Parliament has recognized petitions that highlight its absence of sensitivity in handling cross-border disputes. The accusation remains clear: immigrant parents face criticism, their cultural backgrounds disregarded and their rights limited to a stringent framework that reflects lack of empathy. The result is not welfare, but cultural erasure. A child removed from her home and placed in foster care faces a loss that extends beyond the absence of her parents’ love; she is deprived of her language, her faith, and her very identity. For families such as Ariha’s, this prolonged separation has become an eye-opener of the failures of both justice and compassion.
The situation in Germany is increasingly concerning, as the nation is dealing with a demographic crisis characterized by declining birth rates and a growing elderly population. There is no evidence to support an intentional policy of removing children from immigrant families in order to replenish the workforce. When families repeatedly experience isolation from their children, an atmosphere of suspicion arises. For India, the matter is larger than one child’s custody.
It is important that Indian families living abroad are recognized as equal members of society, with their rich cultural heritage valued and respected rather than dismissed as irrelevant. An issue of diplomacy as well as human rights arises when a child is separated from her parents and roots. It is imperative for Germany to acknowledge that welfare, when devoid of empathy, transforms into a form of coercion. A child’s best interest cannot be served by depriving her of family, culture and belonging. For Germany to maintain its status as a leader in human rights, it is significant to rectify a system that neglects the fundamental right of every child to be nurtured within the warmth of their family.
Author Name- Soumya Sylka Sahoo, Ph.D. Research Scholar
