resident of Lamidanda VDC, Ward No. 02 of Dolakha district and currently residing at Harisiddhi VDC, Ward No. 09 of Lalitpur district. I was born on 12th November, 1992 and now I am 18 years old. My mother is a Nepali citizen and she has already obtained Nepali citizenship by descent. However, even my mother does not know exactly about my father and I have clearly mentioned this fact in the application which I have submitted for obtaining citizenship certificate. I have graduated SLC from the Hindu Vidyapeeth, Balkumari, Lalitpur and as I needed citizenship certificate and decided to obtain citizenship from the name of my mother pursuant to Section 3(1) of Nepal Citizenship Act, 2006. Therefore, I applied to the Office of concerned VDC on 25th July, 2010 which was verified on 28th July, 2010. Afterwards, I submitted an application form pursuant to Rule 3(1) (3) of the Nepal Citizenship Rules, 2006 to District Administration Office Dolkha for obtaining citizenship certificate complying all the necessary processes. However, the Chief District Officer orally denied me the citizenship certificate on the ground that I have no address and identity of my father and returned the application form and no action has yet been taken in this regard. Hence, I have been deprived from the right to identity and being forced to live as a stateless person in my own country. Therefore, I have moved to this honored Court for the enforcement of my right to obtain citizenship. birth place and relationship or a certificate of birth registration.” After fulfillment of the said procedure the oral order not to provide me citizenship in the name of my mother has created the situation of disappearance of my identity and has created such a situation that forced me to remain as stateless for whole of my life. Hence, I pray for the issuance of mandamus and/or any other necessary order by the honored Court to grant me citizenship in the name of my mother and also to make interpretation in case of others who are aggrieved like me. Apart from our constitutional and legal provisions, Article 15 of Universal Declaration of Human Rights (UDHR), 1948 has provided that everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality or denied the right to change his nationality. Article 24 of the International Covenant on Civil and Political Rights, 1966 has provided that every child shall be registered immediately after birth and shall have a name; every child has the right to acquire a nationality. Moreover, Article 9(2) of the UN Convention on the Elimination of All Forms of Discrimination, 1979 has recognized that State parties shall grant women equal rights with respect to the nationality of their children. Article 7 of Child Rights Convention has further specified that “The child should be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and as far as possible the right to know and be cared for by his parents.” In the Article 22 of Interim Constitution of Nepal, 2007, under the heading of Rights of Child, Clause (1) of the same Article has provide that “Every child shall have the right to his or her identity and name.” Likewise, all the clauses of the Article 13 have guaranteed the right to equality. In the Part 2, Article 8(2) of the Constitution has clearly provided that “Any person whose father or mother was a citizen of Nepal at the time of his or her birth shall be a Nepali citizen by descent.” Likewise, in Section 3 of Nepal Citizenship Act, 2006 under the heading of ‘Acquisition of Nepali Citizenship by Descent’ it is laid down that: A person born at a time when his/ her father or mother is a Nepali citizen, shall be a Nepali citizen by descent” and has included both father or mother while defining descent. The law also has granted the right to the person to choose from whose name to obtain citizenship. The provisions of treaties and conventions mentioned above have guaranteed the right to confer citizenship to both men and women. Thus, international treaties and conventions as well as our constitutional and legal provisions have provided the right to confer citizenship to mothers as well. However, in practice, injustice has been done to the person desiring to get identity from mother by depriving him/her from identity and it has been tried to make him/her stateless by presenting the discriminatory definition of descent. Issuing citizenship certificate from the name of mother has been denied due to the patriarchal mindset, opinion, values and conception and impediment has been created by holding that women do not come under descent. The second and third periodic reports of CEDAW have made conclusion and recommendation to Nepal to abolish such a conception which Nepal has to compulsorily abide by. Rule 3(1) of Nepal Citizenship Rules, 2006 has clearly stipulated that: “A citizen of Nepal, who has completed the age of Sixteen years and intends to obtain the certificate of citizenship of Nepal by descent, has to make an application, in the format referred to in Schedule-1, and accompanied by the certificate of citizenship of Nepal of his or her father or mother or relative within three generations of his or her lineage and recommendation made by the concerned Local Body setting out his or her Nepal has accepted, without any reservation, the obligations created by all of the above treaties and conventions to which Nepal is a party and has ratified. Section 9(1) of the Nepal Treaties Act, 1990 has clearly stated that the provisions of the treaty which Nepal has ratified shall be enforceable as 46 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION

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