Report on Citizenship Law: Nepal The 1990 constitution did not include citizenship being acquired by birth and was more rigid than the constitution of 1960. It also provided that citizenship was acquired in the three categories of descent, naturalisation and honorary citizenship. Citizenship by descent could be acquired by anyone whose father was a Nepalese citizen at the time of his/her birth, and any child in Nepal the whereabouts of whose father and mother were not known. Citizenship by naturalisation could be acquired by anybody who had resided in Nepal for more than 15 years, women in matrimonial relationships with Nepalese men, and the sons, daughters and descendants of Nepalese citizens who had resided in Nepal for more than two years. In addition, people domiciled in areas annexed by Nepal also acquired Nepalese citizenship. The modern concept of citizenship is new to Nepal. Before 1950 there were no legal provisions to distinguish real citizens from non-citizens (foreigners). However, words like ‘Nepali raiti’ and ‘foreigner raiti’ were used in the first Civil Code of 1854 to differentiate between citizens and foreigners. This distinction was made mainly “for the purpose of purchasing land and other fixed properties. Besides, the words ‘muglaniya’ and ‘mlechhe’ were used to denote Indian and European citizens”.5 Foreigners were not allowed to acquire property, obtain government employment and jamindari (landlordship). However, a foreigner could become a ‘Nepali raiti’ after a minimum of five years of residency. Children born in Nepal to expatriates could acquire the status of ‘Nepali raiti,’ but they could only enjoy their full rights as ‘Nepali raiti’ after turning 16.6 The first Citizenship Act (1952) introduced the modern, constitutionally defined, concept of citizenship. It was like many other citizenship laws and declared the following to be Nepalese citizens: those born in Nepal; those permanently settled in Nepal; those whose parent was born in Nepal; and woman married to a Nepali. It was very liberal on the issue of naturalised citizenship and gave citizenship to anyone who had lived in Nepal for at least five years. The 1952 Act was replaced by the Citizenship Act of 1964, which was drafted after the promulgation of the 1962 constitution, which gave special attention to citizenship.7 The 1964 Act made it relatively difficult to acquire naturalised citizenship. This act has been amended five times and still provides the basis for granting citizenship in the country. The prevailing patriarchal social structure of Nepalese society has restricted a large number of citizens from acquiring citizenship. The patriarchal nature of legal and constitutional regulation of citizenship discriminates against women. Article 9(2) of the 1990 constitution only allowed citizenship by descent through the father. Sub-sections 1, 2 and 5 of Article 9 discriminated against women as they failed to provide citizenship to children through their mothers. According to sub-section 1, children could receive citizenship only if the father was a citizen of Nepal. Similarly, sub-section 2 stated that any infant found within the country was a Nepalese citizen until his/her father was identified. These constitutional provisions failed to recognise the existence of the mother. As a result, many children of single parents were becoming non-citizens.8 Badi, a Dalit community in western Nepal, probably face the most problems in acquiring citizenship certificates for their children. A significant number of “Badi Women are traditionally involved in prostitution, and their children have been deprived of citizenship certificates. Around 1000 children born to Badi 5 6 7 8 Constitutional Lawyers Forum (CLaF), Op. cit. p. 568. Cited in Karki, B.B. (1996) Legal Provisions on Citizenship and Existing Problems (in Nepali), Kanon, No 3, Bhadra 2054 B.S. Ibid. p. 569. Ibid. Ibid. p. 582. RSCAS/GLOBALCIT-CR 2017/8 - © 2017 Author 3