1-year-old Indrashish, an Indian citizen, who is in foster care in the US since September 2012 has been repeatedly injured and has suffered medical emergencies in foster care. On 31 December 2012, Indrashish had to be hospitalised in emergency care for extreme dehydration, while in charge of his state-paid fosterer. Earlier in November 2012, he was wounded in the lower lip in what the fosterer claims was an accident. Indrashish is allowed to see his parents only four hours per week.
The parents, Debashish and Pamela Saha are contesting Indrashish’s confiscation in US courts but want Indrashish to be returned to relatives back in India and to ensure that a cyst recently found in Indrashish’s brain is treated in India, where he can have proper family care. The parents are unable to speak to the press owing to a gag order in the court case.
Indrashish was confiscated from hospital where he was rushed by his parents after hitting his head in what they state was a fall from the bed. US authorities have alleged Shaken Baby Syndrome (SBS). SBS theory, which holds that certain injuries can occur only by deliberate shaking and not accidental falls, has been sharply contested by experts worldwide.
Activists, jurists and academics, including retired High Court Chief Justices, AP Shah and Mukul Mudgal and former Rajya Sabha MP, Brinda Karat, have today given a petition to the US Ambassador in New Delhi demanding a firm date by which Baby Indrashish will be repatriated to his relatives in India.
The petition states that:
For months, US authorities have been sitting on the Indian Government’s demand for repatriation of Indrashish without any commitment as to his return.
In the meantime, Indrashish has suffered injury and medical emergencies in foster care.
Indrashish is being deprived of the affection of his family back in India for no fault of his own.
Indrashish, born in West Bengal, is being denied his cultural and religious rights. During the October Puja festival last year US care workers refused the parents’ request for Indrashish to spend the festival days with the Bengali community in New Jersey, telling Indrashish’s parents to instead refer television channels showing the festivities as a substitute for Indrashish participating in the prayers and rituals.
The matter requires urgent consideration because if Indrashish remains in foster care for over 12 months, US authorities have stated that he can be up for adoption even though his parents are contesting his confiscation.
Few of the signatories to the petition include:
Justice (retd.) AP Shah, Former Chief Justice, Delhi High Court, Justice (retd.) Mukul Mudgal Former Chief Justice, Punjab & Haryana High Court, Brinda Karat (former Rajya Sabha MP), Dr. Mohini Giri (former Chairperson, National Commission for Women), Kalyani Menon-Sen, Suranya Aiyar, Sudha Sundararaman (AIDWA), Janaki Rajaram (AIWC), Dr. Indu Agnihotri (CWDS), Jyotsana Chatterjee (JWP), Sehba Farooqui (AIDWA-Delhi), Sughra Mehdi (Muslim Women’s Forum) among others.
One can contact Petition Co-ordinator, Suranya Aiyar by writing to her at rightofreturnindia@gmail.com.
