obtaining the citizenship despite being brought
up under anybody’s patronage. To be a situation
of statelessness by not obtaining citizenship thus
is to be deprived of the fundamental rights as well.
Even in the situation of conferring the citizenships
to the persons having parents not identified, it is
mentioned in the citizenship certificates, against the
dignity, that the whereabouts of maternity/paternity
have not been traced. Consequently, there shall be
a serious affect in the use of human rights; hence, I
have included the dispute with the concern of public
litigation, too, in the present petition.
Due to different legal provisions made in different
laws, street children, children brought up and grown
up in Bal Mandir or in organization that patronizes
orphan children or in orphanage, children nurtured
by any person being a special patron are deprived
of obtaining citizenships upon being adults. In
Clause 10 of Children Act, 2048, although names
of father and grandfather can be mentioned in any
formal functions and actions or in documents as
per law, in the aforementioned Clause, a provision
has been made that in connection to both the father
and mother have not been found, if the person or
organization that raises him/her writes that father
and mother are not found, it will be okay even if
such child does not write names of mother, father
or grandfather. In Clause 34, provision has been
made that the Government of Nepal shall establish
Child Welfare Centers in different regions of Nepal
as needed and until Child Welfare Centers are
not established thus, the Government of Nepal
can utilize the Child Welfare Center, orphanages
or Mental Retardation Centers run by any other
persons or organizations for the sake of keeping
children. Although provision has been made by this
Clause that children can be kept in Child Welfare
Centers, orphanages or Mental Retardation Centers
run by any persons or organizations as well, by
patronizing, there is no situation that Nepalese
citizenship certificates can be provided upon the
recommendation of such bodies. In Clause 35, if
Child Welfare Official or police staff himself finds
any stray child or brought to be submitted by any
other person, such child should be submitted to the
nearby Child Welfare Center by keeping descriptions
and finger’s impression including name, surname,
address of the three generations, photo and any
peculiar sign remained in the body in connection
to such child. Clause 36 has made the provision
that stray child shall be kept in Child Welfare Center
until sixteen years of age is not complete, and if
problem of his/her livelihood is likely to come up
while releasing such child, he/she can be kept in
Child Welfare Center for maximum up to 18 years.
Though the aforementioned Clause has made the
provision that generally only the person up to the
age of 16 can be kept in the child welfare center,
there is the provision that release has to be made
along with citizenship certificate while releasing
from its patronage. The provision retained in
Clause 22 is very limited, which has not addressed
the condition of the minor, whose paternity/
maternity is not known. In connection to the person,
whose paternity/maternity is not known, there is
not existence of the situation that patron can be
appointed. For the sake of obtaining citizenship in
connection to such children, there is no condition
at all to submit the photocopy of the patron and to
Rule 3 (3) of Nepal Citizenship Rule, 2063 has made
the provision that if a Nepalese citizen having
maternity/paternity not traced, having reached the
age of 16 years, wises to obtain citizenship, if brought
up and grown up under the patronage of approved
Bal Mandir or orphanage, with the recommendation
of such organization and if any particular person
has nurtured by receiving patronage as per law,
attaching with the citizenship of the person who
has nurtured, application shall have to be furnished
before the Chief District Officer concerned. Besides
this, if nurtured by organization, the identification
made by the Chief of such organization and if
nurtured by a particular person, identification
made by the person who has nurtured shall have
to be attached with the application; procedural
process has been mentioned in Sub-rule (4), stating
that if there are additional things to be examined
about the maternity/paternity, recommendation
of local body or police report can be asked for as
necessary, and in Sub-rule (6) and Point No. 10 (7)
of Citizenship Certificate Distribution Procedure
Directives, stating that name, surname, address of
the patron shall have to be mentioned in the place
of citizenship certificate of the person having the
whereabouts of maternity/paternity not traced
where the names of father or mother are to be
mentioned, indicating the description as the
maternity/paternity not traced.
These provisions of aforementioned procedural
law have not mentioned the matters that in what
condition the District Administration Office is
supposed to refuse to confer citizenship. As per
directed by Point Nos. 3, 4 and 5 of the Directives, not
all persons, having the whereabouts of maternity/
paternity not traced, stay in Bal Mandir, orphanage
or other similar organizations. Even in the situation
of being provided with patronage by a particular
person, if such person does not provide the
photocopy by making recommendation for
citizenship, this person shall be deprived of
obtaining the citizenship. Furthermore, there is
no possibility that street children shall obtain
citizenships.
85
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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