women like that of men. Nepal has also ratified and
accessed the above instruments related to human
rights. Section 9(1) of the Nepal Treaties Act, 1990
has clearly stated that: In case of the provisions of a
treaty to which Nepal has become a party following
its ratification accession, acceptance or approval by
the Parliament is inconsistent with the provisions
of prevailing laws, the inconsistent provision of law
shall be void to the extent of such inconsistency
for the purpose of that treaty, and the provisions
of the treaty shall be enforceable as good as Nepal
laws. Therefore, the provisions of these treaties
are valid as Nepal laws and are binding for Nepal.
The provisions relating to citizenship enshrined
in the Interim Constitution of Nepal, 2007, Nepal
Citizenship Act, 2006 and Nepal Citizenship Rules,
2006 are consistent with the above mentioned
international instruments related to human rights
and there is no any type of discrimination between
men and women as regard to obtaining citizenship.
has conferred the right to obtain citizenship either
from the father or mother’s name and has thus
‘descent’ included both of mother and father. Hence,
the interpretation that the petitioner has to seek
citizenship certificate only from the address of his
father shall be contradictory to the letter and spirit
Nepal Citizenship Act, 2006 as well as other statutes.
It would also be contrary to the international
standards of human rights.
Therefore, as there is unanimity that the petitioner
Ranjit Thapa is a bona fide Nepali citizen and is
qualified according to the Interim Constitution of
Nepal, 2007, Nepal Citizenship Act, 2006 and Nepal
Citizenship Rules, 2006 to obtain Nepali citizenship
certificate by descent which is corroborated even
by the written responses of respondents and as
such though the addresses of his mother and father
are separate, an order of mandamus is hereby
issued in the name of respondents to provide him
citizenship certificate from any one address out
of the addresses of his mother or father as per his
choice in case he submits an application along with
the recommendation of concerned body and fulfills
the prescribed procedure. Let the notice of this order
be served to the respondents and the case file be
duly returned after writing it off the registry.
8. In the present case, there is no dispute to the fact
that the petitioner is a Nepali citizen and Nepal
Citizenship Act, 2006 and Citizenship Rules 2006
have provided the right to petitioner Ranjit Thapa
to make choice whether to obtain citizenship from
the name of father or mother which has been
accepted by the District Administration Office
Kathmandu in its written response. However, to
consider about the plea of that Office that ‘descent’
denote ‘of the father’ and as the father’s address is
recorded at Kabhrepalanchowk district, citizenship
certificate cannot be obtained from Kathmandu
district. Section 3 of Nepal Citizenship Act, 2006
I concur with the aforementioned opinion.
Mr. Rajendra Prasad Koirala
[Done on Friday, 26th June, 2009]
Bench Officer: Mr. Narayan Prasad Parajuli
21
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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