Report on Citizenship Law: Nepal
in discrimination against women in society, and the perpetuation of gender inequality through
women’s second class citizenship. Women who were divorced, abandoned or widowed were
rendered stateless in their marriage and similarly left without any right associated with
citizenship. The denial of equal citizenship rights had a devastating effect on many women
and children, unnecessarily limiting their mobility, access to services and opportunities”.14
There were some changes with regard to the citizenship rights of women with the
2007 Interim Constitution, promulgated immediately after the peace accord, which was
signed with a commitment to restructure the state for inclusive democracy. Parliament passed
a resolution guaranteeing citizenship through the mother. In conferring citizenship to
children, the new law requires that children born to a foreign husband be born in Nepal and
have permanent residence in Nepal. According to the present constitution, women of foreign
nationality who marry Nepalese citizens can acquire Nepalese citizenship after starting the
process to renounce their former citizenship. However, a man of foreign nationality who
marries a Nepalese woman is not entitled to acquire Nepalese citizenship by virtue of
marriage.
Thus, Nepalese women have been discriminated against in comparison to their male
counterparts. Although the laws and constitution have been changed, there is still much
discrimination against women in the acquisition of citizenship. The citizenship law is still
discriminatory on the basis of marriage. There are also many restrictions on mothers’ rights
to confer citizenship on their children. A mother cannot easily confer citizenship on her child
and the new legal provision still does not allow women to confer citizenship on an alien
husband, which is a denial of full and equal citizenship rights.15 Women are forced to live in
abusive relationships, they become victims of domestic violence, physical and mental abuse,
and are forced to endure all of this because they are economically dependent upon their
husbands.16 The reason for being economically dependent upon the husband is the denial of
citizenship rights to women. Women do not have an independent identity of their own, which
forces them to become dependent either on their father or their husband.
3. Current citizenship regime
3.1. Acquisition of Nepalese citizenship
Article 10(1) of the current 2015 Constitution recognises acquisition of citizenship as a right
of all Nepalese citizens. Previous constitutions never recognised citizenship as a right.
Additionally, Article 10(2) states that there is a single federal citizenship with provincial
identity.
14
15
16
Ibid. p. 85.
Ibid.
FWLD (3), A study on discriminatory laws against women, Dalits, ethnic communities, religious minorities
and persons with disabilities (Kathmandu: FWLD, 2009) 25.
RSCAS/GLOBALCIT-CR 2017/8 - © 2017 Author
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