“Happy families are all alike; every unhappy family is unhappy in its own way”. The opening lines of Anna Karenina could easily have been scripted for the Bhattacharyas, whose plight — after a Norwegian court placed their two toddlers in permanent foster care — has generated indignation in India and led to high-level diplomacy between Oslo and New Delhi. The parents have alleged the children's removal stems from a deep cultural bias. The Child Welfare Service in Norway has consistently denied this, saying the children were removed for far serious reasons related to their delayed development. Conscious that the truth may well lie in between, The Hindu asked its Europe correspondent, Vaiju Naravane, to travel to Stavanger to investigate. After reviewing the files and interviewing the family as well as CWS officials, the picture that emerges is a complex one that defies easy pigeonholing. The strains of negotiating a foreign culture and environment are evident — both for the Bhattacharyas and for the Norwegian authorities — but the fact that the family needed assistance is undeniable. The parents have said they themselves approached the kindergarten for help when the older child showed autism-like symptoms, now diagnosed as Attachment Disorder. The mother, too, said she was suffering from post-partum depression and was unable to cope in the Norwegian cold, with a husband who worked long hours.
Though littered with cultural misunderstandings and even insensitivity, all the reports submitted by care personnel working independently of each other saw a problem in the mother's refusal to admit the seriousness of the boy's condition or to accept help. This is largely why the CWS has insisted custody be denied to Mrs Bhattacharya and her family and has sought assurances that the boy will receive the special attention he requires once he is legally handed over to the husband's brother under the terms of a compromise worked out. On its part, the CWS is not without blame. It has shown cultural insensitivity and made serious mistakes in handling the case. The decision to place the children into permanent care contravened Norway's own Child Protection Act which states: “Due account shall also be taken of ensuring continuity in the child's upbringing and of the ethnic, religious cultural and linguistic background.” Foster parenting in Norway would obliterate that “continuity”. As the case heads towards final resolution before a Norwegian court on March 23, it is essential that the emotionalism with which it has been invested be kept aside. Now that both governments are involved, there is no reason why specialists from India cannot also be made a part of the counselling process should the court hearing prove inconclusive.
I agree with the views of Geir Henriksen & Mats. In fact you do not address the main thrust of Henriksens argument which is that you need to get to know a bit more about your host country before hurling abuse at its institutions.
People like Virat have left India for economic reasons. They get a lot more rights, liberties and benefits in Norway than they even have in India. Yet, they seem to lack a basic minimum of respect for their host country norms and values - something that is evident in their dis-respectful posts. No wonder native Norwegians are upset at their rants.
You say that India has welcomed immigrants. Well have you forgotten the Shiv Sena and its welcome mat to South Indians in the 60s, Biharis and North Indians now? Do you know how dark skinned south Indian migrants are treated in North India? I have lived in Norway for more than 2 decades and I think that I meet a lot more tolerance here than in many other places.
Speaking of cultural continuity, did the columnist forget to mention that the foster
parents were also an Indian family, not a Norwegian one?
Anyway, I think the developments over the last month have shown that the
Norwegian authorities were right. What was really surprising was the fact that the
MEA actively joined in the Norway-bashing despite the fact that it has full access to
the files and knew the exact reasons why the Norwegian authorities took the
decisions that they did.
@Geir Henriksen: When you are unable to make a point it is convenient to send people packing.No individual becomes an immigrant because of the best welfare that country offers. Immigrants are in country like yours as your country need the sill of that immigrant and he or she provides his service to earn that high wage. You state as if all immigrants are free loaders.
India is a multicultural country than any in the world. You have seen immigrants only recently while India has welcomed them for centuries. In this globalized world your thinking is cancerous.
@Virat, be grateful for what you have. You can very well pack your
bags and leave Norway if you dislike that country and its laws (IT IS
LAWS that is in question) so much. No need to go to moon, but go back
to India where you have a right to be even if you don't like India,
because that is your home. In Norway you are a guest, and hosts need
not stand abuse.
Surely your concern is not the children in question, because by any
stretch of imagination they would not have done better with this dysfunctional family than they did with the CWS. Your's is a mere disrespect, dislike, and malice for a country that has given you a home and its laws and that is what has prompted you for these numerous outbursts.
@ Geir Henriksen: My comments are targeted at the issue and surrounding policies. Jeg lurer på hvorfor du tror at mine kommentarer er på noen måte rettet mot det norske folket som jeg har ubetinget respekt for. India has a lot to learn from Norway.
I reserve and exercise my right to free speech – wherever – there is a need to stand up. Unfortunately your comment does not offer me any issue related evidence or perspective that would enable me to revise my opinion or attitude.
I request you to reconsider your view that ‘you’ have ‘given’ me things. Have ‘you given’ me or have you not been an obstruction to what I am entitled to?
If I were to leave every place where I need to stand up for an issue then sooner or later I might have to head towards moon.
I hope you agree that the transparent voice of dissent is more useful in the long run than the voice of obsequious agreement or the muted voices of indifference and diffidence.
@Virat,I have seen your comments to several articles about this case and as a Norwegian I find many of them offensive and disrespectful. You voluntarily packed your bags to come to Norway. We pay you high wages, you enjoy a high standard of living, you do not have to bribe policemen and politicians, your child gets child benefit allowances, free medical care and we even give you your democratic rights to criticise us. But with those rights and freedoms come responsibilities. Your posts here suggest that you have not bothered to learn Norwegian, or have tried to understand your host society norms, laws and conventions. Yet you have no compunctions in spewing venom and vitriol at Norway and its institutions.Yes, we are not perfect and the Battacharya case highlights imperfections in the CWS. Your constructive suggestions for reform of our laws & institutions are welcome but they should at the very least be built upon a deeper understanding of how Norwegian society functions today. Evidently you lack this knowledge. Your prolific anti-Norwegian posts here remind me of the proverb "Empty vessels....noise". But what puzzles me is that despite all these complaints about Norway, you still have not packed your bags....
@VSuresh: I will not comment on how CWS should organize or reform. Just like welfare of Indian Citizens is India's privilege, CWS reforms is a call for the locals. There are more components to total foster parents compensation than you mention – but – as I said that issue is for the locals to assess.
In 3000 characters you have tried to justify a Ship's failure to reach its port of call by telling us that the Ship sailed in the right direction. O Sailor! did you even wonder if you were plying the right Sea?
If CWS were to ask an Embassy to remove children, why do you think the children would continue to stay in Norway? The Embassy would send them to their homeland and home-country legal system will decide.
Offence or infringement, Mala In Se or Mala prohibita, it does not matter. The bottom line is India does not need unsolicited Welfare for her innocent Citizens and no one shall obstruct India in delivering welfare to her Citizens. India cannot afford to lose her future heroes.
Mr. Virat The Child Protection Act, Section 4-12 was invoked to put the children in foster care. Under Section 4-12, paras a, b & d talk of neglect - deliberate or un-intended. However para c of same section refers to abuse and ill-treatment which could also invoke prosecution of parents under the criminal laws. My reading from the media is that para c is NOT invoked in this case and hence they may not be subject to any further prosecution. I do not know if the alleged corporal punishment meted to the child has been pursued under para c. I doubt it as the CWS has not filed criminal charges. I should have used the more neutral term infringement rather than offence in previous posts. Remember, not all infringements of the law result in criminal prosecution, e.g. a parking fine. In any case, I specialise in a different branch of law & not family law per se so I may well be wrong. Your last item is written in far too complex English for a simple soul like me to understand & respond.
Mr Virat (2/2) - I agree that the CWS should get immigrants as foster families. Easier said than done. How many immigrants would qualify as foster parents? And how many want to be foster parents given the low wages? Would the biological parents agree? Would for instance the Bhattacharyas have consented to a Bangladeshi foster home? To a Keralite foster home? Probably not. Culture is complex and in the Indian context, caste, religion, language and class make a simple Indian to Indian mapping meaningless. - You say that when foreigners breach the law, the CWS should phone the embassy and remove the kids. Are you suggesting then that Indian embassies open a CWS unit in each country to take care of kids? What if there are conflicting claims on who gets the kids as in this case? The law is what it is and not what you wish it were. But then I respect your right to say as Mr Bumble did in Oliver Twist 'The law is an ass'.
Mr. Virat (1/2) I refer to your 'response' to Mr. Raamganesh. Despite your living in Norway, you seem to have little understanding of how Norwegian laws work, how society around you functions. And you perpetrate some myths about the lucrativeness of being foster parents. Some facts: - 9255 children lived in foster homes as of Jan 1, 2011 (bit.ly/GWtV3x) - There is a shortage of foster homes - demanding work, poor wages. Despite claims in the Indian media on how financially rewarding it is, statistics say otherwise. A foster family for a child under 6 gets NOK 6,668 (INR 59,700). This is TAXED ! An additional NOK 4,550 (INR 40,800) may be paid for documented expenses. In many cases, at least one foster parent is expected to be at home. These low figures and the immense burden of having to bring up kids who perhaps have been traumatised & need a lot work mean that many foster parents do it more out of idealism rather than economic motivation. (bit.ly/HbkN9R)
The Norwegian Barnevernet used Deception to remove the kids from their
parents by painting the situation as "Emergency" when the norwegian
local court ruled there is no "Emergency" & cancelled custody and
asked the kids to be returned
The Norwegian authorities went into overdrive and dressed up the
charges and came back better armed with stronger accusations!!to claim
custody!
Its clear that the elder child Abhigyan had shown autistic
tendancies..for which no proper evaluation or help was given.Instead
the panacea for all problems seem to be placing children in Foster
care till they are 18?? What was the need to take away the breast
feeding Aishwarya?
If there was indeed Violence against the children the first court
would never order the children to be returned!
Lets assume the CWS acted in good faith but its unfathomable why they
should separate kids till they are 18 ?or be not returned to competent
Relatives? Also CWS was totally Closed before indian govt stepped in!!
@VSuresh: So far you maintained that Barnevernet’s actions were result of an Offence. When I was perplexed: why are the children punished for the Parents offence? you say Barnevernet provides Deliverance. Yet no satisfactory explanation is provided - why no claims are placed on the Offenders. Please be clear is the act a punishment for offence or Welfare? As I mentioned before one man’s Deliverance can be another man’s Sentence. I am OK if a foreign regime tries me or my countrymen for our offences and punishes us for that. However I have a deep problem if they thrust their Welfare on us for which we may not have any valence.
The Children were admitted in Norway on two conditions placed by Norway: 1) They had a financial provider in Norway; and 2) They have the option to go back to India. Any Deliverance that makes either of the conditions redundant under its aegis is de-facto devious. You use Straw Man fallacy when you allege that I have universally criticised foster care.
@ V Suresh: Despite the fact that we have almost no common perspective on the Bhattacharyas case, I agree that Democracy should not become a puppet of the Media. When a debate is going on, media should be made accountable to allocate platform space equitably to the various schools of thoughs that emerge. I also agree that Democracy in theory is not only of the priveleged and people like us who want it to be as broad based as possible should initiate actions towards that.
@Raamganesh - I see it as a Sentence and you see it as Welfare. One party looks at a corpse as good riddance and other party looking at it as a martyr. And that is where differences in personal values play in. 1. Not malice. I would use adjectives such as imperious, confused, psyho-babble, self righteous, obstructive in the way of another Sovereign. 2. Foster-care / institutional care is a necessity and it can work very well. Boarding schools is an example of institutional care that works well even for loving and caring parents. 3. In case of Norwegian Citizens: Yes CWS could bring on board more immigrant families that serve as foster families and also consider institutional care with periodic living with foster families. There is also a need to demonetize the system and make it more participative. 3. In case of Foreigners: Once they have disqualified parents, they should call the minors’ embassy and ask them to remove the children from country. Period.
I think that the children are far better in Foster care than at their
home. They will be more secure and will have consistent development.
However best option would be to search solutions to the problems of
their family matters and to keep the children in their home along with
their parents.
Mr. Virat: The Norwegian CWS differentiates between CARE & LOVE. While I have no doubt that the parents love their kids, it is not love alone, but their in-ability to meet the CARE needs of the kids that is the crux of the issue. Especially so when there is a special needs child. Domestic violence, a refusal to acknowledge the need for psychiatric help & counselling and other serious shortcomings are what the CWS builds upon-as far as I gather from the media. And not cultural mis-understandings that initially led to a barrage of jingoistic comments here.
I fail to comprehend your diatribe against foster homes. If children develop better in foster homes as opposed to their parental homes as is the case for these kids isnt that something to be happy about? As Mr. Raamganesh points out, there is no malicious intent on the part of the CWS when it sends neglected kids to foster homes nor is that a "sentence" but often a deliverance for the kids.
Democracy is NOT: Government of the media, by the media for the media
Democracy is NOT: Government of the privileged, by the privileged for the privileged
Social services in most countries is a surrogate for families that are not around to help. Before we scream foul at the NSS, a little sympathetic introspection is needed: * Sagarika was not well psychologically - this is clear ; * Two very young children, no family nearby to help; * Anurup worked long hours; * Why is no one talking about Anurup's mental state dealing with the above?
It seems very clear he needs help too, given the new developments I am afraid everyone is going to "bash" this guy up, affecting him even more psychologically. Psychological problems are not just a woman's domain, it has no gender bias in who it affects. In my opinion, what this family needs is a calm environment back home, allow them all to heal and work things out and rebuild their lives away from the public eye with reassurance that everything can be fine again. (And yes, please pamper those kids)
@Virat - I have a few questions that might help me understand you
position-
1. Are you convinced that the Norwegians are acting maliciously
in this case, that they do not have the children's best interest
in mind and are doing all this for some ulterior motives? If you
think that, do you have good evidence to back it up?
2. If you don't think the Norwegians are acting out of malice,
then are you saying that their system of putting children in
foster homes is universally wrong, even when the alternative -
stay at home and continue to get abused/neglected - is clearly
worse?
3. Would you be fine with the Child Services if they could find a
foster home with parents from the same cultural background, or as
in this case, agree to send them to India if guarantees are given
to ensure safety and care of the children?
This might not clarify things entirely, but it is a start because
it seems we're just talking past each other.
@Virat - You say "What was the children’s offence for which they
were sentenced a life-long in foster care?"
"Sentenced"? This loaded word you use is the main source of
disagreement. The mandate of Child services in any country is to
"save" the children from dysfunctional homes and to rehabilitate
them in foster homes. Growing up in one's culture is valuable,
but it does not take precedence over ensuring the basics of
safety and emotional well-being. Are you saying that foster homes
are universally bad for children even when the alternative is to
live with parents who are abusive or neglectful? Child Services
in any country takes the extreme step of putting kids in foster
homes only when they believe that the child is suffering and is
not getting even the basic care that human-rights organizations
like UNESCO believes is the right of every child. The children
might not get to grow up in their cultural settings, agreed, but
they do get a stable home, love, care, education etc.
Admirable, balanced reporting from The Hindu on this case in contrast
to all the jingoism in other Indian media. Very good comments from Mr
V Suresh in all related articles. The newspaper I read definitely has
better writers and readers.
@V.Suresh - I enjoyed your post. The issue of marital strife is
not some sideshow but is central to understanding the deep-rooted
difficulties of the family and the circumstances under which the
Norwegians might have been forced to make their decisions. The
Bhattacharyas did what they had to do because they desperately
wanted their children back; the Norwegians did what they had to
do in the interest of the well-being of the children. The entity
I am most angry with is our media, especially the television new
channels, which refused right from the start to provide balance
and perspective to this story, choosing instead to portray the
Norwegians as cold, arrogant and culturally insensitive. It is
they who deserve our most severe condemnation.
I agree fully with what Mr.Virat has very objectively and eloquently clarified above,and oppose the very negative approach of Mr.Suresh, reminding us of the arrogant manner in which the Gestapo kidnapped Norwegians during WW II.It is tragic that Norway authorized theCWC to indulge in the inhuman cruelty of tearing away
helpless children on frivolous charges of human frailty,as though all fathers and mothers could be monsters of perfection!
I thank God that my loving parents were not such monsters!
Re:Laws.It was acc.to law that the Albigensian
heretics were burnt provoking Milton's sonnet"Avenge O Lord Thy slaughtered saints."TheInquisition burnrd innocents!If a young mother's coping with the care of TWO toddlers,was not acc.to CWS's norms,it could have given her a helper,and told her
to take them to India.That is how a civilized society must function,keeping THE U.N.HUMAN RIGHTS CODE.Who said INDIA conceded to Norway any right to abduct its children?
"LET MY PEOPLE GO!"(MOSES)
V Suresh, you are obviously gloating when a marital feud has broken out, and you use these tragic events to disparage a family, even while you claim that you don't know the details about the family's life!
You conveniently leave out the interference of the so-called child services (aka "Welfare" state) in driving these parents to a brink of desperation. This Norwegian welfare state which you so boldly advertise to readers here is complicit in the plight of this family. The "social workers" have exacerbated every problem in the family with their ham-handedness and arrogance. But you see in this only a justification for kidnapping children!
This incident only confirms every word I wrote against the welfare model of the Nordic countries. In any democracy, the state should NOT take decisions in secret, and protract the legal process until a family breaks down. This is precisely what the arrogant, despotic Norwegian state has done in this case.
@ V Suresh: No matter how much I try, I don’t get you. My views are not dictated by GoI's actions, policies and official positions. I am an independent free thinking Citizen of India, I seek to influence the concepts (and actions that emanate from such concepts) surrounding what it means to be a Sovereign. Ignore me I am insignificant in the grand scheme of affairs.
Unlike others who have an interest in what is the solution that is being meted out, I am ONLY interested in the process used in arriving at the solution and I re-state a foreign jurisdiction has no locus standi on 'lifelong welfare of aliens'. Therefore the line ‘custody will be awarded to Uncle’ although a step forward in the right direction fails to charm.
Offenders should be punished. What was the children’s offence for which they were sentenced a life-long in foster care?
Falaks and Palaks of India is an old technique to steer the discussion off from the issue. Even the current marital scuffle is a non issue.
All the countries of the world must show respect to the sociocultural background of the family who have to be judged for their in-house problems.
Virat, I agree entirely. I think that India should have insisted that the children were sent home when their visa expired. It is the so-called child protection system which has caused the break-up of this family.
Mr. Virat(2/2)
You trivialise gross physical violence in the family as merely marital feuds. Indeed
the CWS report builds on violence in the home, corporal punishment of the child,
violence in presence of children as well as other severe psychiatric issues. Now we
also see an overt example of violence exercised by the mother, at least as alleged
by the father.
It may be a hard pill to swallow for many prickly nationalists such as yourself- but
the children have indeed developed better under Norwegian foster care than under
the care of their Indian biological parents. Something the father, the uncle and the
CWS themselves admit.
Indeed, Sir, I so badly wish that Baby Falak - RIP - had had a Norwegian foster
home instead of the hell she endured in India.
Mr. Virat (1/2)
The Hindu's editorial is balanced but your views are yet to attain equilibrium !
Despite your assertion about "following the case closely" you seem to view this
from a cultural and nationalistic prism rather than from the best interests of the
children or the law of the land. Whether Indians like it or not, existing Norwegian
laws mandate that the interests of the children have higher priority than interests
of the parents. And existing laws apply, not what you wish the laws were.
The offenders were residents on Norwegian soil, subject to Norwegian Laws, not
the laws of Bolivia, Burma or Bengal. Even the GOI accepts that and does not
contest it. Hence the GOI, is not as you say, " The Supreme Decision maker" - but
an incorruptible, independent Norwegian court.
The solution that the CWS has in mind is transfer of custody to the uncle and
presumably the cultural aspects that appear to matter to you will be taken care of
by that arrangement.
Yes Virat, i second you on the opinion.
As someone who has studied the case closely, I commend The Hindu for this balanced Edit. Yet I am unsure if there was a need for sensationalizing the parental feud. Marital feuds will always be there in all cultures and that by itself has no relevance to issue under discussion: the 'solution' that the Barnevernet imposed on Indian children – in spite of their Nationality and Cultural backgrounds.
The only lesson to draw from the recent developments is: India should have intervened in the matter – not as a deal-broker but as the Supreme decision maker on the issue of ‘welfare’ of her minor Citizens. This was not a trial for a crime or any other transgression that needed to be tried for in a jurisdiction where the transgression happened.
Regimes seeking jurisdiction over aliens in Value-loaded issues need to draw legitimacy from relevant international treaties, socio-cultural background and irrevocable right and duty of every Sovereign to deliver welfare measures to her Citizens.
“Happy families are all alike; every unhappy family is miserable in its own way”. That's the quote.
The case is getting serious overtime and the Norwegian autority are reluctant in allowing the due right of a child. The autority should not only take into consideration the legal provisions but also the cultural and moral backings for the case.
The balanced, factual summarisation this article affords those who know this case only marginally, is praiseworthy. Surely, pure emotion is what general Indian opinion is presently riding in this case. There is a need to see beyond what comes auto-naturally to our socio-genetic constitution. An exchange of 'nature' between the live human and the not-life-like (?) State is needed. Compassion this way and reason that way.
Somehow I have my doubts that good sense will prevail in this case.
The family have already been destroyed by the Norwegians. The mother may take years to recover from her trauma. The children may never recover from the trauma of separation from their parents. The Norwegian child care system will gloat over the discord between their parents, and use this to justify their actions. Will the Norwegians ever admit that they have added to the strains of this family? I think not.
Happy families are the result of concerted efforts of each and every member of the family , parental counselling , social impressions in an homogenous eco system of a nation. All this would change and differ drastically when a family is out of an accustomed ecosysytem, more so in this case .If the employment is not a problem , the family should relocate to India and re-invent and redefine life's complex goal of Happiness and put a systematic effort in bringing up the children. We have friends and extended family to support and be us/with you all the times.
An admirably sane and balanced analysis.
The Norwegian child care authorities have compounded the problems of this family by separating the children from the parents. Post partum depression is very common, and if the so-called welfare state couldn't deal with such a simple issue, and resorts to snatching away children from their parents, then the Norwegians obviously have no concept of where state power should begin and end.
The picture that has emerged of the way the Norwegian child services work is hardly flattering for Norway. These "social workers" gain access to the family, make notes and thereby frustrate the family. If the mother is already having to cope with post partum depression, it does not make her life any easier to have outsiders commenting on her every move. I think the Norwegian authorities have a lot to answer for in this case.
The article made sense.
We faced a similar situation in our family. Not in England but in India.
While the doctors in India diagnosed my wife with poly cystic ovary
syndrome and our young son ADHD (Attention Deficit Hyperactivity
Disorder) in 2007, the NHS here in the UK said they are perfectly fine.
Unless the doctors in India had suddenly treated us like an NRI.
Norway's attempt to be a model state is highly regrettable.It should
learn to value the cultural traditions and practices of her immigrants.
Feeding children with hand in our country is a symbol of love and
affection of mother towards her child.Hope the court will give order in
favour of the parents.
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